Blom

Enough petition signatures have been secured in the Iowa House to call for a special legislative session to override a veto by Gov. Kim Reynolds.

Issued by House Speaker Pat Grassley, the petition was in response to Reynolds’ June 11 veto of House File 639 (HF639), a bill which would have given property owners more protection from the use of eminent domain. Under HF639, a company would have to qualify as a common carrier, an entity which transports materials for other companies or people, not themselves.

The petition bore 70 signatures, surpassing the two-thirds requirement for a special session. In a press release issued Tuesday, Grassley said Reynolds’ veto was a major setback for landowners.

“With 70 members of the House standing united, we’ve met the constitutional threshold to move forward,” he said. “We now call on our colleagues in the Senate to join us by securing the necessary signatures so we can convene a special session, override this veto, and deliver the protections Iowa landowners deserve against eminent domain for private gain.”

Amongst the signatures were local representatives David Blom (R-Marshalltown) and Dean Fisher (R-Montour), both of whom voted in favor of HF639.

“I voted for House File 639 because I believe it should be up to the landowner whether or not they have a hazardous liquid pipeline on their property,” Blom said.

Fisher

Fisher said he is a strong supporter of private property rights, describing them as a fundamental aspect of freedoms and constitutional rights. The legislation clarified and strengthened those rights with respect to the threat to property rights by the use of eminent domain for carbon dioxide (CO2) pipelines.

“These pipelines are for private use. They are not a common carrier for the public good like a road or other types of pipelines,” Fisher said. “Since the Iowa Utilities Commission [IUC] failed to protect property rights, this legislation became necessary.”

He described the IUC ruling, which granted Summit Carbon Solutions the right to utilize eminent domain, as “terrible” because it allows abuse by private companies and will have long term implications beyond CO2 pipelines.

“Today, it’s a pipeline running through a farm. Tomorrow, it could be a home being taken for a shopping center or a business being taken for another business’s expansion,” he said. “No private property will be safe if this is allowed to stand.”

HF639 was passed in the legislature one year after Summit Carbon Solutions was granted the right to use eminent domain by the IUC. Summit seeks to build a 2,500-mile CO2 pipeline through Iowa and four other states to an underground storage facility in North Dakota. While the pipeline would not go through Marshall County, it is planned to be built in neighboring Hardin and Story counties.

Warme

Sen. Kara Warme (R-Ames) said Marshall County residents would benefit from immediate improvements to oversight at the IUC, which will apply to a range of infrastructure projects beyond just carbon pipelines.

“With a strong agricultural presence here, we’ll benefit from the future economic opportunities by avoiding overly restrictive policies that could harm Iowa’s leadership in biofuels and agriculture,” she said.

Divided

The eminent domain bill has been divisive amongst legislators, and Warme and Rep. Brett Barker (R-Nevada) both voted in opposition.

According to Warme, she voted against HF639 because it was too broad and would create uncertainty for critical infrastructure projects like pipelines for oil, gas and fertilizers.

“A majority of District 26 constituents who contacted me opposed the bill, fearing it would harm agriculture and limit opportunities in renewable energy,” she said. “I supported alternative policies that would better protect property owners and our agricultural economy.”

Fisher believes the matter has been divisive among Republican legislators because some have failed to understand the importance of property rights and how the issue will impact those rights for decades to come, siding with corporations over the individual landowners.

Warme said private property rights are fundamental to Republican values, and Iowa already has strong property laws.

“The division stemmed from the challenge of finding a balanced approach that limits eminent domain while addressing various concerns over pipeline projects,” she said. “This was my first session, and I voted for amendments that would better protect landowners and agriculture, including allowing pipeline reroutes and prohibiting eminent domain on future CO2 pipelines.”

Fisher was saddened by Reynolds’ veto. While he has been a strong supporter of the governor as she championed and signed many great pieces of legislation, he fears this veto will tarnish her record.

“This legislation was not a surprise to anyone. We’ve been working on the issue for years, and it followed the normal process through the House and Senate,” he said. “If she had concerns about the wording, then the governor and her staff should have engaged on the issue during the session to help craft it, but she chose not to make any input until after the veto. That’s not the way to lead. I am solidly in support of a special session to override this veto.”

If the veto is overridden by the House and Senate, Fisher said the legislation could become law within a few weeks at most.

“If this veto cannot be overturned, then I would like to see a strong proposal for a landowner Bill of Rights,” Blom said.

However, Warme said she fully supports the veto, adding the governor took a thoughtful approach, meeting with many Iowans and considering the issue from all perspectives. The veto will give legislators time to craft better, more effective policy, and she added that Reynolds has instructed the IUC to implement key provisions to improve transparency and oversight.

“I believe we can do better,” Warme said. “This issue is complex, but I’m committed to working with the governor and my colleagues to find solutions that protect property rights, promote responsible development, and ensure Iowa remains a leader in agriculture and renewable energy.”

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Contact Lana Bradstream

at 641-753-6611 ext. 210 or

lbradstream@timesrepublican.com.