Iowa Court Sides With Landowner, Finds Law Allowing Pipeline Survey Unconstitutional

FOR IMMEDIATE RELEASE: May 3, 2023

Contact:
Brian Jorde, Domina Law Group, (402) 858-9212, bjorde@dominalaw.com

Iowa Court Sides With Landowner, Finds Law Allowing Pipeline Survey Unconstitutional

Landowner successfully defends their property rights against unlawful intrusion

Spencer, Iowa — An Iowa District Court on Wednesday determined an Iowa state law that allowed pipeline companies to enter private land for survey without guardrails or compensation is unconstitutional. The Clay County judge recognized that landowners have a right to exclude unwanted intrusions onto their properties and that just compensation must be paid when takings occur. The ruling held that this right to exclude cannot be taken by the government or its delegees, such as hazardous pipelines, without due process and just compensation, which the Iowa statute does not require.

Brian Jorde, the attorney with Domina Law Group and Easement Action Teams LLC for the landowner who brought the lawsuit, who is a member of the Iowa Easement Team, said:

“This is and will always be about defending property rights and holding hazardous pipelines to constitutional standards. My client and I applaud Judge Sandy’s thoughtful analysis and courage in this decision. The right to prevent unwanted entry onto your private land is a fundamental right that the government may not take without due process and just compensation. Today’s decision confirms this right and is a victory for landowners everywhere.”

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