Landowners Vow Renewed Challenge After Iowa Supreme Court Sidesteps Key Pipeline Surveying Questions

FOR IMMEDIATE RELEASE: Nov. 22, 2024

Landowners Vow Renewed Challenge After Iowa Supreme Court Sidesteps Key Pipeline Surveying Questions

Court did not reach “as applied” challenge, did not rule Summit is a “common carrier” or that hazardous CO2 pipeline is a “public use”

Des Moines — Today, the Iowa Supreme Court ruled that certain types of surveys and examinations are pre-existing background restrictions on a landowner’s title to real estate.

Brian Jorde, attorney for Mr. Kasischke and other landowners with the Iowa Easement Team, and Omaha-based Domina Law Group, explained, “the Court determined that when an Iowa landowner purchases property, they do so without the ability to constitutionally prevent unwanted third parties from intruding upon their property for certain purposes. The key question not addressed by the Court, was what limitations exist as to “survey” and “examination.” Because that issue was not explicitly addressed by the Court, we will have to go back to the Court in another case to have this determined and explore if Summit’s interpretation of “survey” and “examination” is constitutional or not. This will address the egregious “deep testing” and trenching and soil boring “surveys”.

“The South Dakota Supreme Court recently determined that invasive surveys or examinations that were anything more than the most minimal soil disturbance were not allowed, and were not pre-existing background restrictions. We are hopeful the Iowa Supreme Court will determine the Iowa landowners deserve the same protections as their South Dakota neighbors,” Jorde said.

A smaller issue in the case was whether Mr. Kasischke had a farm tenant at the time of the unwanted survey and examination on his land. Although it was Summit’s responsibility to prove they served the tenant notice of the unwanted invasion, Summit failed to do so. The Court shifted the burden to Mr. Kasischke to prove something he had no burden to prove. It is public record Mr. Kasischke had a tenant at all relevant times. The fact the landowner who has a lease with a tenant was not believed when he testified under oath he had a tenant, was puzzling and disappointing, but a minor issue to the appeal.

The Iowa Supreme Court today with its decision did not reach any “as applied” challenge – and that will be determined in either future litigation to better understand the limits of “survey” and “examination.” Right now Iowa has no guardrails as to the level of invasive activity a pipeline company can do to private property as they can claim anything they want to do falls under “survey” or “examination.” There has to be a limit – similar to how the South Dakota Supreme Court ruled on this very issue. The Iowa Supreme Court also did not conclude that Summit is a “common carrier”, did not conclude Summit’s proposed hazardous pipeline is a “public use,” and did not conclude that Summit’s proposed project is publicly convenient or necessary.

“Landowners in Iowa, South Dakota, North Dakota, and across Summit’s entire proposed CO2 pipeline route have witnessed the company’s abusive treatment, and will continue to stand together to stop the abuse of eminent domain for this boondoggle. As the Iowa Supreme Court did not rule on critical issues facing the project, landowners will dig in and return to fight these battles in the coming years,” said Emma Schmit, Pipeline Fighters Director, Bold Alliance.

About Iowa Easement Team
The Iowa Easement Team works to educate, organize and support landowners who are opposed to eminent domain for private gain, and pool resources for landowners seeking legal representation in eminent domain battles and pipeline fights. Landowners with the IET also sponsor a range of advertising and social media outreach, and are networking with other state-based Easement Teams and landowners opposing carbon pipelines across the Midwest. The Easement Action Teams are a project of the Bold Education Fund. Read more about the IET: https://IAeasement.org

About Bold Alliance:
The Bold Alliance is a network of “small and mighty” groups in rural states working to protect land and water. We fight fossil fuel projects, protect landowners against eminent domain abuse, and work for clean energy solutions while building an engaged base of citizens who care about the land, water, and climate change. (https://boldalliance.org)

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