Iowa needs a compromised approach to eminent domain.
Michael Brixius
| Guest columnist
What is the Summit Carbon Solutions pipleine project?
Ames, Iowa-based Summit Carbon Solutions wants to build a pipeline across several states to trap carbon dioxide from ethanol plants and bury it.
- Michael Brixius is a pharmacist and the current Story County GOP organizational chair.
Iowa has an important question to answer: How do we balance keeping Iowa’s farmers and ethanol industry competitive with the fundamental protection of private property? The proposed carbon capture pipelines, like Summit Carbon Solutions’, force this question into the forefront.
While those in favor of the pipeline view such projects as vital for Iowa’s ethanol industry, the reality is far more complex, driven by private gain and misdirected environmental concern.
The crux of the issue is the controversial use of eminent domain. Historically reserved for public infrastructure like roads and schools, its application for a private, for-profit pipeline has unfortunately been upheld in federal court. These projects are fueled by billions in federal 45Q tax credits, turning taxpayer dollars into private profits.
Even more concerning, a majority of the captured carbon is slated for Enhanced Oil Recovery (EOR), effectively using public subsidies to extract more fossil fuels — a practice that unequivocally undermines genuine carbon reduction goals and highlights the costly, inefficient nature of these pipelines for true climate action.
More: Opinion: The future of Iowa ethanol production depends on carbon capture
Yet, one must acknowledge the challenging position of Iowa’s ethanol industry. Facing competition and the necessity to access low-carbon fuel markets like California’s, our ethanol plants feel economically compelled to participate in these projects. It’s a bitter pill: being “forced to play the game” to remain competitive (some estimates calculate a reduction of $0.75 per bushel of corn without the pipeline), even if the means raise profound concerns about property rights — in addition to the aforementioned dubious utility of carbon capture pipelines. This is an unfortunate, but necessary Faustian bargain that must be carefully measured.
Iowa needs a compromised approach to eminent domain. First, mandate a high threshold of voluntary easements of 80% to 90% before eminent domain can be considered. This at least forces the opportunity for genuine negotiation and significantly strengthens landowners’ property rights. Given that these negotiations are frequently far from good faith, such a mandate is necessary.
More: Put new limits on eminent domain for carbon pipelines | Opinion
Second, for the few remaining landowners facing condemnation (if that high threshold is met), mandate enhanced compensation, at least 125% of the appraised fair market value. “Fair market value” is almost always insufficient, failing to account for the long-term impacts on farming operations, soil health, or the inherent coercion of an involuntary taking. Drawing inspiration from models in other states, this multiplier ensures landowners are more justly compensated for contributing to a private entity’s profit, especially in a project whose viability is heavily subsidized by taxpayers.
This approach allows Iowa’s agricultural industries to remain competitive, while stemming eminent domain abuse. We must respect private property rights, keep Iowa’s ethanol industry competitive, and ensure that private gain does not come at the undue expense of Iowa’s landowners.
Michael Brixius is a pharmacist and the current Story County GOP organizational chair.
