CO2 lines could be barred from eminentdomain use
Jan 08, 2025
This story has been updated with comments from Sen.-elect Carley.
PIERRE, S.D. (KELO) -- Two first-time lawmakers want the South Legislature to ban CO2 pipelines as well as wind- and solar-power facilities from using eminent domain to force access through others' property.
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Republican Sen.-elect John Carley and Republican Rep.-elect Dylan Jordan are the prime sponsors of SB49. They are among a group of new legislators who won election last year as 59% of voters rejected a pending state law dubbed the "Landowner's Bill of Rights" that opponents said would have made CO2 lines easier to place in South Dakota.
The Carley-Jordan legislation is the first of what could be many attempts this year to give more control to landowners who don't want CO2 lines running across or near their properties.
Summit Carbon Transport currently has a permit application for a CO2 pipeline pending before the South Dakota Public Utilities Commission. The project would collect CO2 from ethanol production facilities in South Dakota and several neighboring states and pipe it to central North Dakota, where the CO2 would be buried underground.
Carley answered several questions on Wednesday afternoon from KELOLAND News.
What project -- if any -- is your legislation intended to stop?
"It does not intend to stop any projects," he said. "I welcome successful business projects. However, if a project wanted to use eminent domain to access someone's property if they choose to not allow CO2/Hydrogen/or Other Green Deal Taxpayer funded projects through their land, it would provide protection to the landowner. These private companies should not have access to that government function, and it just makes sure that doesn't happen in the cases of these concepts in the public discourse of the moment."
Does CO2 contribute to global warming? If so, how should it be handled?
"There's debate on both sides about the 0.04% of the atmosphere that is CO2," Carley said. "Some scientists say CO2 contributes to global warming, some say it does not and is critical to our plant growth. I'm not totally convinced it's dangerous, at this point, but if it were, I would welcome all kinds of business ideas from creating dry ice, to creating chemicals and feedstocks, to oil industry use, or even sequestration. However, as long as it doesn't require the taking of unwilling people's land, nor the forced use of the government."
Why are wind farms and solar farms also covered by your proposed ban?
"I personally use and enjoy some of the benefits of renewables like wind and solar," Carley said. "However, it's only there in the case of the exercise of eminent domain when a landowner does not want parts of those projects to go through their land, even after being offered a payment. If the landowner is willing to lease their land, they certainly can. These are just current and future Green New Deal ideas that have been raised, and so instead of having to fight to keep land after the fact, we would like to fix the loophole before it becomes an issue."
Is there anything else you'd like to point out on this topic?
"Our South Dakota citizens spoke up in the November election that they want landowner rights protected and no abuse of eminent domain," Carley said. "This bill enables all of these types of projects to still happen. However, eminent domain is a tool that cannot be used in this process by the companies on our landowners so they can keep their freedoms. That's not to say they won't try to initiate eminent domain proceedings through the government, that is a possibility still. This just restricts the companies from unilaterally using this as a threat with no citizen recourse."
Republican Rep. Jon Hansen, the incoming House speaker, last year introduced a more-limited version of legislation that sought to ban eminent domain for CO2 lines. He narrowly failed in trying to force it onto the House debate calendar. Months later, at least a half-dozen of the lawmakers who had opposed Hansen's attempt in turn lost their re-election bids in June primaries to challengers who openly opposed CO2 lines.
One of the defeated was Republican Rep. Kirk Chaffee, who ran for the Senate and lost to Carley. Jordan meanwhile was the top vote-getter in a four-way Republican primary for two House nominations and went unopposed in the November general election.
The 2025 legislative session officially opens on January 14.