KDSN RADIO News
Iowa Supreme Court hears case about land access for Summit Carbon’s surveyors
Attorneys for a Hardin County landowner and for the company seeking to build a carbon pipeline argued the case before the Iowa Supreme Court tonight.
A district court judge ruled Kent Kasischke did not have the right to refuse to let surveyors for Summit Carbon Solutions on his property. Brian Jorde, Kasischke’s attorney, told the Iowa Supreme Court justices it’s a violation of the constitution to grant a private company access to Kasischke’s land before the project has been approved by state regulators.
“This is an extreme right to give a private company the right to invade someone’s property against their will for the mere convenience of looking around,” Jorde said.
Ryan Koopmans, the attorney representing Summit, said surveyors for private companies plotting out projects have had the right to survey Iowa land since at least 1851. “To go onto the property…to make sure that easement they’re going to seek is where they say it is,” Koopmans said. “That’s about as simple as it can be.”
Koopmans told the justices rule if they in the landowner’s favor, it would prevent utilities and other private companies, as well as state and local governments, from surveying the property. “Either we all get survey access,” Koopmans said, “or none of us do.”
Jorde urged the justices to limit their decision to a section of state law that deals with hazardous liquid pipelines. “The sky will not fall if you go with landowners on this particular case,” Jorde said.
A pipeline opponent sued by the company that’s no longer planning to build the Navigator carbon pipeline was among those who spoke at a rally on the statehouse steps just before tonight’s hearing. Vicki Hulse of Moville was sued by Navigator for access to her land, but a district court dismissed the lawsuit last year. “If we can stop Navigator’s surveys, we can stop Summit’s,” Hulse said. “We have to keep fighting. We have to stand together and today we stand with Kent.”
Kim Junker of New Hartford, an opponent of Navigator’s pipeline who also spoke at the rally, noted the Iowa Utilities Commission has fined Summit for buying the voluntary easements Navigator before the required public hearings were held.
“Summit knows the law, but they are arrogant enough to break the law anyways. Well, this time Summit is going to be held accountable…well, sort of,” Junker said. “$10,000 is chump change for a billion-dollar company.”
Summit issued a written statement after the Iowa Utilities Commission ruling, saying the company believed it was in compliance with state regulations and cited the commission’s statement, which called the violation minimal.
