By: Joshua Haiar
PIERRE – Landowners and concerned citizens from around the state congregated Wednesday, January 18 in the Capitol to advocate for protection from compulsory land acquisition, or eminent domain, and to support a bill limiting the practice.
They criticized three projects planned in the state — two carbon capture pipelines and a pumped storage project — all of which could require eminent domain.
One carbon capture project, the Summit Carbon pipeline, would cross Roy Meyer’s rural Aberdeen farmland. Meyer said the project should not be allowed to use eminent domain, because he said the project does not benefit the general public. The pipeline would capture carbon dioxide emitted from Midwest ethanol plants and transport it in liquefied form to be sequestered underground in North Dakota.
“Public use is supposed to be something that benefits the public,” Meyer said. “This is not going to benefit the public at all.”
Rep. Karla Lems, R-Canton, has introduced legislation that would limit eminent domain to projects that are “for the public use.”
“This House bill will hopefully tighten things up a bit,” Lems said.
The bill does not define “public use.” Lems said it’s a well-understood concept in South Dakota law. She added that the bill is a work in progress.
Lems wants recognition that carbon capture pipelines are not for the public use in the way that a railroad or natural gas pipeline benefits public users.
Watertown farmer and rancher Rick Schultz came to Pierre to support that message.
“We’d prefer to have our voices heard by sending our representatives to carry our message, but here we are, making sure that message gets out there,” Schultz said.
Meanwhile, Summit Carbon Solutions has 10 registered lobbyists for 2023.
Minnehaha County farmer Joy Hohn said she’s concerned about the potential for rupture along the pipelines.
“The carbon pipelines are very hazardous and potentially lethal for farmers,” Hohn said. “We don’t want a rupture. We don’t want to endanger citizens and our families.”
But Summit Carbon Solutions says it has the backing of many South Dakotans.
The company has more than 450 easement agreements with South Dakota landowners, accounting for 56% of the proposed pipeline route through the state, with many additional landowners currently considering agreements, according to Courtney Ryan, a Summit Carbon Solutions spokesperson.
“This support tells us South Dakota landowners along the route view the project as critical to supporting the state’s most important industry — agriculture,” Ryan said in an emailed statement. “Given this strong and growing support across the state, it’s not surprising project opponents continue to try to invent distractions in their attempts to prevent essential investments in the state’s infrastructure, even those that will create jobs and grow our economy.”
Meanwhile, Summit Carbon Solutions has filed lawsuits seeking access to some land where landowners have refused to grant permission for survey work.
Another bill addressing eminent domain this legislative session would strengthen notice requirements for landowners when companies want to access and survey land, and require a $500 payment for that access, among other amendments to existing law.
