It’s a legal setback for the proposed Summit Carbon Solutions pipeline.
The South Dakota Supreme Court has ruled in favor of landowners in that state who object to the project and sued to keep Summit’s survey crews off their property. In the Court’s opinion, Summit has not shown it’s authorized to use eminent domain to seize land from unwilling property owners.
The court said that’s because Summit does not appear to be a “common carrier” transporting a commodity, but instead plans to ship carbon to North Dakota where it will be stored underground.
There’s a similar case pending in Iowa’s court system. On October 8, the Iowa Supreme Court will hear arguments in the case involving a Hardin County landowner who refused to let Summit survey his land in 2022.
A spokesperson for Summit says the company will provide additional information that will prove to South Dakota courts that it is a common carrier and eligible to use the power of eminent domain.
In late June, the Iowa Utilities Commission (IUC) granted Summit a permit to build and operate its pipeline route through Iowa, but construction may not start until the company secures all the permits that are required in North and South Dakota. Portions of what’s considered Summit’s “main line” will be build in Chickasaw, Floyd, Hancock Kossuth, and Cerro Gordo counties among other.
Meanwhile, the IUC is slated to begin hearings this week on Summit’s permit application to add more ethanol plants to its pipeline, including Valero Renewables near Charles City, Poet Bioprocessing plants near Shell Rock, Fairbank and Hanlontown, as well as Absolute Energy near St. Ansgar.
