Iowans rally at State Capitol against eminent domain for carbon pipelines

A crowd of over 100 – including two Republican presidential candidates and several Iowa GOP lawmakers – rallied Wednesday at the Iowa Capitol to oppose the use of eminent domain for carbon-capture pipelines.

Ohio entrepreneur Vivek Ramaswamy, who has made the property-rights issue a central focus of his presidential campaign in recent weeks, spoke at the rally in the Capitol rotunda. Fellow GOP candidate Ryan Binkley, a Texas businessman and pastor, also spoke at the event.

Ramaswamy and others argued that it is unconstitutional and illegal under Iowa law to seize private property for the benefit of a private company. He said as president, he would withhold tax subsidies from carbon pipeline operators that use eminent domain. Currently, pipeline operators stand to collect millions in subsidies under a federal program to capture carbon dioxide and mitigate climate change.

“And so my pledge to you today is that as your next president, I will refuse to transmit any subsidies to any private actor, including in this state, if they are using eminent domain to violate the private property rights of citizens. That’s how we put an end to this,” Ramaswamy said.

State Rep. Steven Holt, R-Denison, endorsed Ramaswamy during the rally and said the eminent domain issue was a factor in his decision. “He was, to my knowledge, the first presidential candidate to bring focus to this issue. And it shows his love for the Constitution and his courage and fighting for the rights of the people,” Holt said.

Holt sponsored legislation in the Iowa House last year that would have prevented pipeline companies from using eminent domain for more than 10% of their routes. The House passed the bill, but the Senate did not take it up.

Holt said he’s been working with several other legislators on another proposal to restrict eminent domain. “But I have no illusion, and neither should you, as to the difficulty of getting it passed. But we will not stop trying. And I know that you will not stop trying,” he told the crowd at the rally.

The Iowa Utilities Board has concluded a hearing into Summit Carbon Solutions’ plan to build a pipeline network that would span more than 2,000 miles in five states. It would traverse about 30 counties in Iowa. The board is expected to determine whether the company can use eminent domain to gain easements from unwilling landowners.

A Summit spokesperson did not immediately return a message seeking comment.

If the board allows the use of eminent domain, Ramaswamy and others urged landowners to file suit in federal court and, if necessary, push the issue up to the U.S. Supreme Court.

Sen. Brad Zaun, R-Urbandale, R-Urbandale, who chairs the Senate Judiciary Committee, said a bill is in the works in the Senate to protect property rights. He said he did not know how many of his fellow Republican senators would support it. “I don’t know that number, but I do know that there’s a lot more momentum to get something done,” he said in an interview.

Even if a bill passed, however, he raised doubt that it would have much of an effect on current pipeline projects. “Obviously there’s so many checks have been written and so many contracts that have been signed, it would be probably for mostly future purpose,” he said. “But regardless, something needs to be done, because who knows what the next pipeline is going to be?”