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South Dakota bans the use of eminent-domain for carbon dioxide pipelines

South Dakota Governor Larry Rhoden has signed a bill that bans the use of the eminent realm, which allows land to be taken from private owners for public use. This could put a $9 billion carbon dioxide pipeline project by Summit Carbon Solutions at risk.

Summit's pipeline will transport captured carbon dioxide from ethanol plants in five Midwest states underground to a storage location in North Dakota. The pipeline would stretch 495 miles (796 kilometers) through South Dakota.

Some landowners have challenged the project in states, claiming that it was unsafe and that the use of eminent Domain to build it violated their property rights. Summit has asked states for permission to use eminent-domain to build the project in cases where landowners refused to sign voluntary agreements.

In a press release, Summit spokesperson Sabrina Zenor stated that it was "very unfortunate" that South Dakota changed its rules mid-game despite the fact that Iowa, North Dakota and Minnesota had approved the project.

Zenor stated that all legal options were on the table.

Summit Construction Permits were approved in Iowa, North Dakota and Minnesota in June. The company had been denied a South Dakota permit in September 2023. They reapplied in the fall of last year.

The new law was hailed by groups that opposed the Summit pipeline.

"We're proud of the hard work we have done in the past four years." It proves that we can achieve anything when people come together around a cause," Jess Mazour said, the leader of the Iowa Chapter of Sierra Club which is opposed to the pipeline.

In a letter sent to the House of Representatives of the state, Rhoden stated that he had hundreds of conversations with landowners about the Summit Project and that they view the threat of eminent possession as an infringement of their freedoms.

"I've said it many times: Summit must earn back the trust of South Dakota landowners. Once trust is lost it's hard to get back.

Summit has secured easements in South Dakota for 73% its right-of way by September 2023. The company has not provided an updated number.

(source: Reuters)