LINCOLN, Neb. (DTN) -- The Iowa Supreme Court on Friday sided with Summit Carbon Solutions in an appeal filed by a Hardin County landowner who has fought the company from gaining access to his property to conduct a survey ahead of the construction of a carbon pipeline.
In May 2023, a district court in Hardin County ruled in Summit's favor saying Iowa law "makes clear" that survey access is a "long-recognized" right of entities to enter private property for pre-condemnation surveys without being held liable for trespass.
Hardin County landowner Kent Kasischke appealed the ruling to the Iowa Supreme Court, arguing that the Iowa law allowing such surveys was unconstitutional under the takings clauses of the Fifth Amendment to the U.S. Constitution and the state constitution.
Summit Carbon Solutions continues to work through permitting and other processes ahead of constructing what would be a 2,000-mile carbon pipeline connected to 57 ethanol plants across North Dakota, South Dakota, Minnesota, Iowa and Nebraska.
"The supreme courts of North Dakota and South Dakota have already reached the same conclusion as to this proposed pipeline," the Iowa Supreme Court said in its ruling that affirmed the district court's decision.
"The record supports the district court's finding that proper notice was given. We further hold that the supercritical carbon dioxide to be transported in the pipeline is a 'hazardous liquid' within the meaning of section 479B.2. The district court therefore correctly ruled that the plaintiff is a pipeline company allowed to obtain temporary access for its surveyors onto private property."
Brian Jorde, an attorney representing Kasischke and other landowners in Iowa, told DTN the legal fight in Iowa is not finished.
"The court determined that when an Iowa landowner purchases property, they do so without the ability to constitutionally prevent unwanted third parties from intruding upon their property for certain purposes," Jorde said in a statement.