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Liability, eminent domain and perpetual easements flagged as key concerns for CO2 pipeline policy

Brookings County CO2 Pipeline Advisory Committee · July 8, 2025
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Summary

Committee members raised questions about who would be liable for accidents, the potential for eminent domain, and the long-term nature of easements; one member said an easement related to her land was 'forever.'

Members pressed on legal and property issues tied to pipeline development, including liability, eminent domain and easement terms. Mark Potthast asked how to ensure that a pipeline company would be liable for accidents, noting that transported product moved by truck is insured and asking whether similar protections apply to pipelines.

County Commissioner Doug Post raised eminent-domain considerations for other landowners along a corridor, and Terry Pritchard said an easement on her land "was forever," highlighting the long-term encumbrance that easements can create. The committee recorded these concerns as factors to address in ordinance drafting and in any coordination with neighboring counties.