Senate
Concurrent
Resolution
6
-
Introduced
SENATE
CONCURRENT
RESOLUTION
NO.
6
BY
ALONS
,
GUTH
,
SALMON
,
WESTRICH
,
GREEN
,
EVANS
,
LOFGREN
,
J.
TAYLOR
,
and
ROWLEY
A
Concurrent
Resolution
urging
the
Iowa
Utilities
Board
1
to
deny
the
use
of
eminent
domain
in
relation
to
2
carbon
capture
pipeline
projects.
3
WHEREAS,
the
Fifth
Amendment
to
the
Constitution
of
4
the
United
States
declares
that
private
property
shall
5
not
be
taken
for
public
use
without
just
compensation,
6
and
the
Constitution
of
the
State
of
Iowa,
Article
1,
7
section
18,
states
“Private
property
shall
not
be
taken
8
for
public
use
without
just
compensation
first
being
9
made”;
and
10
WHEREAS,
the
use
of
eminent
domain
is
11
constitutionally
limited
to
public
use,
constrained
to
12
public
convenience
and
necessity;
and
13
WHEREAS,
pipelines
transporting
captured
carbon
14
dioxide
do
not
meet
this
constitutional
standard
as
15
a
transport
system
for
an
industrial
product
used
by
16
private,
for-profit
companies,
and
will
exclusively
17
benefit
private
companies,
not
the
general
public;
and
18
WHEREAS,
the
installation
of
carbon
capture
19
pipelines
will
compromise
the
productivity
of
valuable
20
agricultural
land,
disrupt
and
damage
carefully
21
installed
patterned
drainage
tile
systems,
and
threaten
22
the
proper
soil
conditions
necessary
for
optimal
crop
23
growth;
and
24
WHEREAS,
Iowa
Code
section
479B.9
restricts
25
hazardous
pipeline
project
permitting
by
the
Iowa
26
Utilities
Board,
stating:
“A
permit
shall
not
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6
be
granted
to
a
pipeline
company
unless
the
board
28
determines
that
the
proposed
services
will
promote
the
1
public
convenience
and
necessity”;
and
2
WHEREAS,
to
contend
that
a
carbon
capture
pipeline
3
project
promotes
public
convenience
and
necessity
4
because
it
is
needed
to
fight
climate
change
is
5
speculative,
as
man-made
climate
change
is
highly
6
debatable
and
not
clearly
settled
science,
and
public
7
policy
should
only
be
adopted
based
upon
fully
known
8
and
established
science;
and
9
WHEREAS,
the
federal
and
state
constitutions
were
10
written
specifically
to
keep
economic
power
from
11
being
a
factor
in
deciding
whether
to
use
the
power
of
12
eminent
domain;
and
13
WHEREAS,
the
dissenting
justices
in
the
United
14
States
Supreme
Court
decision
Kelo
vs.
City
of
New
15
London
warned,
“The
beneficiaries
[of
this
decision]
16
are
likely
to
be
those
citizens
with
disproportionate
17
influence
and
power
in
the
political
process,
including
18
large
corporations
and
development
firms.
As
for
the
19
victims,
the
government
now
has
license
to
transfer
20
property
from
those
with
fewer
resources
to
those
with
21
more”;
and
22
WHEREAS,
Founding
Father
John
Adams
warned,
23
“Property
must
be
secured
or
liberty
cannot
exist”,
24
and
“The
moment
the
idea
is
admitted
into
society,
25
that
property
is
not
as
sacred
as
the
laws
of
God,
and
26
that
there
is
not
a
force
of
law
and
public
justice
27
to
protect
it,
anarchy
and
tyranny
commence”;
NOW
28
THEREFORE,
29
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BE
IT
RESOLVED
BY
THE
SENATE,
THE
HOUSE
OF
30
REPRESENTATIVES
CONCURRING,
That
the
General
Assembly
1
urges
the
Iowa
Utilities
Board
to
uphold
and
protect
2
the
private
property
rights
of
landowners
and
farmers
3
pursuant
to
the
Constitution
of
the
United
States,
the
4
Constitution
of
the
State
of
Iowa,
and
the
laws
of
5
this
state,
and
deny
the
use
of
the
power
of
eminent
6
domain
to
private
companies
constructing
carbon
capture
7
pipelines.
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