Ed Fallon’s blog on eminent domain legislation, Feb 6, 2023

Dear Friends,

LISTEN TO THIS WEEK’S PROGRAM. Here’s the line up, with cohost Dr. Charles Goldman:

(02:11) Shooting at Chinese balloons;
(19:43) Drug companies are price gouging on insulin;
(36:46) Regulate AI while we still have a chance;
(54:44) February garden Q&A, with Kathy Byrnes of Birds & Bees Urban Farm.

Let’s cut right to an urgent call to action: If you live in Iowa, please contact your state rep and senator immediately regarding eminent domain legislation.

Cyndy Coppola and Ed next to Dakota Access pipes on HER property. Incredibly, both were arrested for trespassing on Cyndy’s OWN land!

Several bills are on the move at the Statehouse, and now is a critical time to contact lawmakers.

Yesterday morning, I reached out to four Republicans and four Democrats about the issue, including the House and Senate minority leaders. I immediately heard back from three of the four Republicans, but not a single Democrat. (UPDATE: Two Democrats, Rep. Austin Baeth and Sen. Janet Peterson, have since responded.)

Yesterday, one Republican lawmaker shared this with me: “Today, for the third week in a row, we had dozens of landowners at the Capitol seeking legislative relief and protection. SF 101 has received registered support from the Iowa State Association of Counties and the Iowa Cattlemen’s Association. SF 104 addresses the 90% threshold and is supported by the Iowa Farm Bureau. House companion bills are being drafted, and there’s an even stronger 90% threshold bill in the works in the House that might stand a decent chance of movement.”

Shirley Gerjets in front of DAPL infrastructure on her land that was taken by the threat of eminent domain in 2016.

Regarding House legislation, Rep. Bobby Kaufmann told me he’s working on an eminent domain bill that would grant the right to use eminent domain to a pipeline company only after the company has signed up 90% of targeted landowners voluntarily. Kaufmann’s bill would also address safety concerns and soil restoration.

CO2 pipelines are also being challenged in the Iowa courts. Navigator insists that its right to access a landowner’s property to conduct a preliminary survey is constitutional. Several landowners disagree. One case could be decided next week. The others are scheduled for March, April, and June.

I’m encouraged by the growing opposition to taking private land for the benefit of big corporations. My efforts to prevent the abuse of eminent domain go back to the late 1990s, when I floor managed a bill that added new protections for landowners. I only regret that we didn’t foresee the massive build-out of pipelines and strengthen the law further.

Since retiring from the legislature, my opposition has included (1) a 400-mile walk along the route of the Dakota Access Pipeline, (2) organizing landowners and others to resist the forcible taking of private property, and (3) questioning presidential candidates about their stand on eminent domain and related concerns about climate change. (For the record, CO2 pipelines have nothing to do with mitigating climate change and arguably make the problem worse.)

Much of this work has been accomplished through Bold Iowa. While we’ve raised awareness, built coalitions, and seen small victories over the years, the problem of eminent domain abuse persists.

But it seems the time for solid change may have arrived. As House Speaker Pat Grassley wrote last fall, “In my sixteen years in the Iowa House, I have never heard more concerns from constituents related to a single issue than the CO2 pipeline project currently proposed for our area.”

So, let’s strike while the iron is hot. Contact your state rep and senator and any other lawmakers with whom you have a personal connection. Take it a step further and contact three friends, family members, or neighbors and ask them to take the same action. Again, here’s the link to contact your lawmakers.

Thanks for reading, listening, and taking action. If you appreciate our blog and program, please consider a donation.

Ed Fallon

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LISTEN TO THIS WEEK’S PODCAST:

(02:11) Shooting at Chinese balloons;
(19:43) Drug companies price-gouging on insulin;
(36:46) Regulate AI while we still have a chance; and
(54:44) February garden Q&A, with Kathy Byrnes of Birds & Bees Urban Farm.

You can also hear the Fallon Forum on these affiliates:

– KHOI 89.1 FM (Ames, Iowa)
– KICI.LP 105.3 FM (Iowa City, Iowa)
– WHIV 102.3 FM (New Orleans, Louisiana)
– KPIP-LP, 94.7 FM (Fayette, Missouri)
– KCEI 90.1 FM (Taos, New Mexico)
– KRFP 90.3 FM (Moscow, Idaho)
WGRN 94.1 FM (Columbus, Ohio)
KKFI 90.1 FM (Kansas City, Missouri)

Please support the local businesses and non-profits who make this program possible. Click on their logos on the Fallon Forum website and in our weekly email, and visit Dr. Drake Family PsychiatryStory County Veterinary ClinicBold Iowa, and Birds & Bees Urban Farm. Thanks to Des Moines Irish Session for providing our bumper music. Thanks for supporting the civil alternative to the shock jocks!

Ed Fallon