Dt: December 6, 2021
To: IUB staff and board members
Fr: Ed Fallon on behalf of Bold Iowa
Re: Eminent domain
Bold Iowa is deeply concerned about the appropriate use of eminent domain. The issue is important to me personally as well.
As a former state lawmaker, preventing the misuse of eminent domain was one of my top legislative priorities. On at least two occasions during my time at the Statehouse, legislators voted with little dissent to add to the Iowa code further protections for landowners confronted with the threat of eminent domain. Legislators of both parties even voted to overrule Governor Vilsack’s veto of an eminent domain bill.
Historically, lawmakers and the general public have viewed eminent domain as a tool to acquire private land for public purposes — roads, water lines, power lines, etc.
With the 2016 Dakota Access Pipeline (DAPL) ruling, the IUB deviated from that tradition, allowing eminent domain to be used by a private company for a private purpose. I remind you that the oil flowing through that pipeline provides no benefit or access to landowners living along the route, nor to residents of Iowa generally. Even the pipeline company’s argument that the oil would benefit Iowans when it comes back to the state as gasoline rings hollow, given that much of that oil is exported.
My question: Will the IUB adhere to the commonly accepted and agreed-on use of eminent domain, or will it continue to move away from that in support of private companies?
I asked a version of that question at four Summit hearings this fall without receiving an answer. The question is important. Thousands of affected landowners along both the Summit and Navigator CO2 pipeline routes deserve a response. Thank you.
Respectfully,
Ed Fallon,
Director of Bold Iowa and former Iowa lawmaker
735 19th Street
Des Moines, IA 50314
(515) 238-6404