Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Eminent Domain topic
No spam. Unsubscribe anytime.
Crawford County Board Unanimously Objects to IUB Eminent-Domain Authority for Proposed CO2 Pipeline
Summary
On July 30 the Crawford County Board of Supervisors unanimously adopted Resolution 2024-28 objecting to the Iowa Utilities Board’s authority to allow eminent domain for privately owned carbon dioxide pipelines proposed by Summit Carbon Solutions, citing state precedent and concerns that the project primarily serves private economic gain.
The Crawford County Board of Supervisors on July 30 unanimously adopted Resolution 2024-28 objecting to the Iowa Utilities Board’s authority to grant eminent-domain powers for privately owned and operated carbon dioxide pipelines proposed by Summit Carbon Solutions.
The board’s resolution, moved by Supervisor Muhlbauer and seconded by Supervisor Dozark, argues that the project primarily serves private economic gain rather than a public use and therefore should not justify takings of private property. The resolution states the county objects to the use of eminent domain for private economic gain and notes the pipeline company is seeking eminent domain over 1,035 parcels.
The resolution frames its objection in legal terms, citing federal and state law. It references U.S. Supreme Court precedent in Kelo v. City of New London and emphasizes that states may adopt stricter restrictions on takings. The board also cites the Iowa Supreme Court decision in Puntenney v. Iowa Utilities Board and Iowa constitutional provisions to argue state law supports more protective limits on eminent domain in this context. The resolution further notes federal tax incentives commonly called “45Q credits” as a motivating factor for private investment in carbon sequestration infrastructure.
Supervisor Muhlbauer made the motion to approve the resolution; Supervisor Dozark seconded. The minutes record the vote as: Aye — Schultz, Dozark, Heiden, Muhlbauer and Rosburg. The motion passed unanimously.
The resolution resolves that, under the board’s interpretation of state authority and precedent, the Crawford County Board objects to the use of eminent domain for private economic gain and urges the Iowa Utilities Board not to grant Summit Carbon Solutions eminent-domain authority for the project. The minutes do not record any further procedural direction, deadlines, or follow-up tasks; the resolution itself represents the board’s formal objection and public record of that position.
