LEE COUNTY – Legislation aimed at limiting property acquisition through eminent domain was advanced to Iowa Gov. Kim Reynolds' desk Monday.
The bill advanced to the senate from the House in March. HF 639 limits carbon pipelines from enlisting eminent domain powers unless they are a common carrier. It also has language requiring pipeline companies to prove their project is insured sufficiently to cover losses or injury from construction or discharge, as well as placing new regs on the Iowa Utilities Commission.
State Rep. Blaine Watkins (R-Donnellson) voted in favor of the House file in late March where the vote was 85-10 in favor of the new legislation. State Rep. Matt Rinker (R-Burlington) voted against the legislation.
However, State Sen. Jeff Reichman (R-Montrose), voted against the new legislation saying it was “well-intentioned, but poorly drafted”.
“The House version that advanced was poorly drafted and leaves the State of Iowa open to very costly legal challenges,” Reichman wrote in a text to Pen City Current Tuesday.
“It is a very emotional issue and the Senate had what I considered to be better legislation. It eliminated eminent domain, but gave companies a variance on the corridor, allowing for options.”
The Senate passed the bill to the governor with a 27-22 vote.
Lee County is one of several counties that officially opposed the proposed Navigator CO2 pipeline (Heartland Greenway) that would have run diagonally across the state from the northwest corner to the southeast corner in Lee County, about 800 miles across the state, and 60 miles in Lee County alone.
The project was warded off by multiple lawsuits and strong emotional opposition to eminent domain being used for a private project. Recent wind and solar projects in Lee County have also met with opposition where eminent domain could be used as a tool to secure private lands. The emotion of the pipeline is also having its impact on other energy projects in Lee County. The most recent a large-scale wind project proposed by Tenaska Energy has been put on hold due to reluctance of landowners to sign easement requests.
A large transmission line capable of holding 345 kilovolts of energy is being planned for the county by ITC Midwest. That project could also be looking at possible eminent domain if easements up to 200 feet aren’t secured for the work. ITC and IUC officials both met with local property owners last week to discuss the project.
Riechman said he doesn’t endorse CO2 pipelines, however he said they do have the potential to increase ethanol production in the state.
“Lower Carbon Intensity Scores (CI Score) or Carbon Intensity opens markets and demand for ethanol. Opponents ranged from legitimate concerns about eminent domain, and others more concerned about eliminating fossil fuel,” he said.
“There was heavy involvement from environmental groups that seek to eliminate ethanol as a means of continuing production of fossil fuels.
“In summary, my vote was cast to prevent legal action against Iowa not to further eminent domain. The legislation passed was well-intentioned, but poorly drafted."
Watkins said he voted in favor of the bill in the House because no landowner should be forced into something they are uncomfortable with whether they support the pipeline or not.
I voted for the bill because no landowner should be forced into something they’re not comfortable with—whether they support the pipeline or not. "This is about protecting basic property rights. If a private company wants to build a project, they should earn the trust of landowners, not pressure them through eminent domain," he said.
"I’ve talked with folks in Lee County and across the district who feel like they’re being pushed aside. I voted to make sure their voices are heard and their rights are respected."
Editor's Note: Rep. Watkins comments were added after this story originally posted (05/14/25 - 9:47 a.m.)
Comments
No comments on this item Please log in to comment by clicking here