Eminent domain objection letter approved by board of supervisors

Only a week after hearing public comment from area landowners speaking out against the use of eminent domain to use county land for the construction of the proposed Summit Carbon Solutions pipeline, the Montgomery County Board of Supervisors took action opposing eminent domain use as well.
On the agenda of the March 29 meeting was action on a letter of objection to the use of eminent domain, addressed to the Iowa Utilities Board. Supervisor Donna Robinson asked if the letter was a collaboration of letters sent by other counties. Supervisors Chair Mark Peterson said they used only one letter for the Montgomery County draft.
“To be honest, our letter is pretty much a mirror copy of the letter that was sent to the Iowa Utilities Board by Shelby County,” Peterson said.
Additionally, Peterson said the letter had been reviewed by county attorney Drew Swanson, who offered no objections.
“Bruce [Swanson] and I both looked at the letter. While there would be no issue, per se, with a letter of this nature, we doubt it would hold any water. Eminent domain is a beast which would undoubtedly supercede any such objection. It’s a similar theory to the Second Amendment sanctuary declaration. We can say anything we want, but it doesn’t mean that it carries any weight,” Swanson explained.
While in agreement, Peterson said he felt that the letter was necessary to come from the supervisors.
“While it may not carry any legal bearing, it has to have some substance coming from a board of supervisors, in my estimation. I may be the only one who feels that way, but that’s my opinion,” commented Peterson.
Robinson agreed she felt the letter of objection would have some bearing on the situation, in conjunction with an amendment added to House File 2565, a proposal to freeze the use of eminent domain in conjunction with the installation of a carbon pipeline until February of 2023.
“The Iowa House passed the bill, and it is now under consideration in the Iowa Senate. That being said, if that passes, that should be added pressure to prevent eminent domain being used to take county land for the pipeline,” Robinson said.
Supervisor Mike Olson shared some of the details of the letter, which state that the county does not object to the installation of the pipeline, but says the supervisors believe the right of passage should lie in the hands of the local landowners.
“Concurrently, while this board does harbor responsibilities as to monitoring construction and other regulatory particulars, we believe the use of eminent domain is to be reserved for the use of publicly-owned or community service infrastructure, and using it to construct this type of of project would be an inappropriate use of this measure,” Olson stated.
Further, it was the opinion of the board of supervisors that privately-held land interactions and transactions were to be negotiated between the private entities involved.
Peterson said he felt the letter said exactly what needed to be said in regards to the eminent domain situation.
“It’s my opinion that we do everything we can to allow our landowners in the west part of the county to have a level playing field to work on, and this is a step in the right direction,” Peterson commented.
The supervisors unanimously approved the letter of objection to the use of eminent domain, addressed to the Iowa Utilities Board.
In other business, the supervisors:
• Approved applications as presented for Disabled Veteran Homestead tax credits.