The Iowa Supreme Court's decision regarding Summit Carbon Solutions' access to properties has sparked significant debate and implications. This case involves a landowner's refusal to grant surveyors access for a proposed pipeline transporting carbon dioxide. The court's ruling has far-reaching consequences for landowners' rights and the progress of critical infrastructure projects.

The Iowa Supreme Court's Verdict on Pipeline Survey Access

Background and Initial Arguments

The Iowa Supreme Court affirmed a lower court's decision allowing Summit Carbon Solutions temporary access for surveying. Kent Kasischke, a Hardin County landowner, opposed the surveyors on his land. The court heard oral arguments in early October. Kasischke argued that Iowa Code section 479B.15, allowing pipeline companies to enter private land for surveying, was unconstitutional due to the need for compensation.However, Justice Thomas Waterman's decision stated that Kasischke had no right to exclude the surveyor as the section is a lawful pre-existing limitation on his land title. This is consistent with rulings in at least four district courts and Supreme Court decisions in North Dakota and South Dakota.In South Dakota, a similar statute was upheld, but it stated that the company must prove it is a common carrier and that surveying is only constitutional with minimally invasive superficial inspections.

Opposition's Perspective and Press Release

A press release from the Iowa Easement Team and Bold Alliance, opposing the pipeline and supporting Kasischke, claimed that the Friday Iowa Supreme Court's decision "sidesteps" questions around surveying. It emphasized that Iowa has no guardrails on the level of invasive activity a pipeline company can do on private property.Justice Thomas D. Waterman listens during oral arguments in Summit Carbon Solutions, LLC v. Kent Kasischke. This shows the significance of the court's decision and the ongoing battle over pipeline rights.

Attorney's Response and Future Steps

Brian Jorde, who has represented numerous landowners against Summit, said they will have to go back to the Court to address the limitations. He hopes Iowans will be granted the same protections as South Dakotans.As part of the ruling, the Iowa Supreme Court affirmed that Summit Carbon Solutions is a pipeline company and fits the definition under Iowa Code by transporting a hazardous liquid. Kasischke had argued that the supercritical carbon dioxide in the pipeline was not a liquid, but the court relied on testimony from the district court trial and the Iowa Utilities Commission's determination.The CEO of Summit Carbon Solutions, Lee Blank, called the court's decision a "win for infrastructure projects" and emphasized the importance of balancing landowner rights with infrastructure needs.Opponents of the pipeline project stated that the ruling did not conclude that the proposed 2,500-mile pipeline is a public use or that the company is a common carrier. However, Summit was granted use of eminent domain in August.Finally, the court affirmed that Summit complied with notice requirements and the district court's ruling and injunction.Iowa Capital Dispatch is part of States Newsroom, a network of news bureaus supported by grants and donors. It maintains editorial independence. Contact Editor Kathie Obradovich for questions at info@iowacapitaldispatch.com. Follow Iowa Capital Dispatch on Facebook and Twitter.