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Senate Concurrent Resolution 6 - Introduced
A Concurrent Resolution 1urging the Iowa Utilities Board
2to deny the use of eminent domain in relation to
3carbon capture pipeline projects.
4WHEREAS, the Fifth Amendment to the Constitution of
5the United States declares that private property shall
6not be taken for public use without just compensation,
7and the Constitution of the State of Iowa, Article 1,
8section 18, states “Private property shall not be taken
9for public use without just compensation first being
10made”;and
11WHEREAS, the use of eminent domain is
12constitutionally limited to public use, constrained to
13public convenience and necessity;and
14WHEREAS, pipelines transporting captured carbon
15dioxide do not meet this constitutional standard as
16a transport system for an industrial product used by
17private, for-profit companies, and will exclusively
18benefit private companies, not the general public;and
19WHEREAS, the installation of carbon capture
20pipelines will compromise the productivity of valuable
21agricultural land, disrupt and damage carefully
22installed patterned drainage tile systems, and threaten
23the proper soil conditions necessary for optimal crop
24growth;and
25WHEREAS, Iowa Code section 479B.9 restricts
26hazardous pipeline project permitting by the Iowa
27Utilities Board, stating: “A permit shall not
28be granted to a pipeline company unless the board
-1-1determines that the proposed services will promote the
2public convenience and necessity”;and
3WHEREAS, to contend that a carbon capture pipeline
4project promotes public convenience and necessity
5because it is needed to fight climate change is
6speculative, as man-made climate change is highly
7debatable and not clearly settled science, and public
8policy should only be adopted based upon fully known
9and established science;and
10WHEREAS, the federal and state constitutions were
11written specifically to keep economic power from
12being a factor in deciding whether to use the power of
13eminent domain;and
14WHEREAS, the dissenting justices in the United
15States Supreme Court decision Kelo vs.City of New
16London warned, “The beneficiaries [of this decision]
17are likely to be those citizens with disproportionate
18influence and power in the political process, including
19large corporations and development firms. As for the
20victims, the government now has license to transfer
21property from those with fewer resources to those with
22more”;and
23WHEREAS, Founding Father John Adams warned,
24“Property must be secured or liberty cannot exist”,
25and “The moment the idea is admitted into society,
26that property is not as sacred as the laws of God, and
27that there is not a force of law and public justice
28to protect it, anarchy and tyranny commence”;NOW
29THEREFORE,
30BE IT RESOLVED BY THE SENATE, THE HOUSE OF
-2-1REPRESENTATIVES CONCURRING, That the General Assembly
2urges the Iowa Utilities Board to uphold and protect
3the private property rights of landowners and farmers
4pursuant to the Constitution of the United States, the
5Constitution of the State of Iowa, and the laws of
6this state, and deny the use of the power of eminent
7domain to private companies constructing carbon capture
8pipelines.
-3-es/rn
A Concurrent Resolution 1urging the Iowa Utilities Board
2to deny the use of eminent domain in relation to
3carbon capture pipeline projects.
4WHEREAS, the Fifth Amendment to the Constitution of
5the United States declares that private property shall
6not be taken for public use without just compensation,
7and the Constitution of the State of Iowa, Article 1,
8section 18, states “Private property shall not be taken
9for public use without just compensation first being
10made”;and
11WHEREAS, the use of eminent domain is
12constitutionally limited to public use, constrained to
13public convenience and necessity;and
14WHEREAS, pipelines transporting captured carbon
15dioxide do not meet this constitutional standard as
16a transport system for an industrial product used by
17private, for-profit companies, and will exclusively
18benefit private companies, not the general public;and
19WHEREAS, the installation of carbon capture
20pipelines will compromise the productivity of valuable
21agricultural land, disrupt and damage carefully
22installed patterned drainage tile systems, and threaten
23the proper soil conditions necessary for optimal crop
24growth;and
25WHEREAS, Iowa Code section 479B.9 restricts
26hazardous pipeline project permitting by the Iowa
27Utilities Board, stating: “A permit shall not
28be granted to a pipeline company unless the board
-1-1determines that the proposed services will promote the
2public convenience and necessity”;and
3WHEREAS, to contend that a carbon capture pipeline
4project promotes public convenience and necessity
5because it is needed to fight climate change is
6speculative, as man-made climate change is highly
7debatable and not clearly settled science, and public
8policy should only be adopted based upon fully known
9and established science;and
10WHEREAS, the federal and state constitutions were
11written specifically to keep economic power from
12being a factor in deciding whether to use the power of
13eminent domain;and
14WHEREAS, the dissenting justices in the United
15States Supreme Court decision Kelo vs.City of New
16London warned, “The beneficiaries [of this decision]
17are likely to be those citizens with disproportionate
18influence and power in the political process, including
19large corporations and development firms. As for the
20victims, the government now has license to transfer
21property from those with fewer resources to those with
22more”;and
23WHEREAS, Founding Father John Adams warned,
24“Property must be secured or liberty cannot exist”,
25and “The moment the idea is admitted into society,
26that property is not as sacred as the laws of God, and
27that there is not a force of law and public justice
28to protect it, anarchy and tyranny commence”;NOW
29THEREFORE,
30BE IT RESOLVED BY THE SENATE, THE HOUSE OF
-2-1REPRESENTATIVES CONCURRING, That the General Assembly
2urges the Iowa Utilities Board to uphold and protect
3the private property rights of landowners and farmers
4pursuant to the Constitution of the United States, the
5Constitution of the State of Iowa, and the laws of
6this state, and deny the use of the power of eminent
7domain to private companies constructing carbon capture
8pipelines.
-3-es/rn