Attorneys for a Hardin County landowner and for the company seeking to build a carbon pipeline argued the case before the Iowa Supreme Court Tuesday night. A district court judge ruled Kent Kasischke did not have the right to refuse to let surveyors for Summit Carbon Solutions on his property. Brian Jorde, Kasischke’s attorney, says it’s a violation of the constitution to grant a private company access to the land before the project has been approved by state regulators.
Ryan Koopmans, the attorney representing Summit, says surveyors for private companies plotting out projects have had the right to survey Iowa land since 1851.
Jorde urged the justices to limit their decision to a section of state law that deals with hazardous liquid pipelines.
A pipeline opponent sued by the company that’s no longer planning to build the Navigator carbon pipeline were among those who spoke at a rally on the statehouse steps just before Tuesday night’s hearing. Vicki Hulse of Moville was sued by Navigator for access to her land, but a district court dismissed the lawsuit last year.
Kim Junker of New Hartford, an opponent of Navigator’s pipeline, noted the Iowa Utilities Commission has fined Summit for buying the voluntary easements from Navigator before the required public hearings were held.
Summit issued a written statement, saying the company believed it was in compliance with state regulations and cited the commission’s statement, which called the violation minimal.
