by Senator Lynn Evans
“Freedom and property rights are inseparable. You can’t have one without the other.” – George Washington.
One of the issues that I have heard about most often and most consistently throughout the past three years concerns the carbon capture pipelines and the potential use of eminent domain to complete the projects.
On June 11th, Governor Reynolds vetoed a bill (HF 639) that passed out of the House with bipartisan support 85-10. The same bill passed the Senate by a much narrower margin, 27-22, after a lengthy, heated and contentious debate.
If signed into law, this bill would have taken a step forward in protecting landowner property rights, an issue supported by nearly 80% of Iowans based on a recent Des Moines Register/Mediacom Iowa Poll.
Many of my constituents know that I played a very active part in recruiting an ethanol plant into northwest Iowa. That plant remains in operation today just outside of Hartley. I was then, and remain today, a supporter of the ethanol industry. Unfortunately, this industry, and our corn producers, have been backed into a corner by unelected globalists and our own federal government.
The Iowa Republican Party Platform states in Item 6 under Property, “We oppose federal or state government taking property away from the owner for the use of another private party. Eminent domain should be used only for public use.” This fundamental principle in my party’s platform aligns directly with George Washington’s perspective on the relationship between private property and liberty.
The Fifth Amendment to the U.S. Constitution addresses eminent domain, a government power to take private property for public use. It stipulates that the government must pay “just compensation” for the property taken. This includes not just the property’s fair market value, but also any related losses or damages. The government can’t take property for private use, even with just compensation.
The issue is fairly simple. It is not about the questionable science behind the climate change debate or whether a pipeline should be built. It’s not the sustainability of the ethanol industry and the short-term financial gains that come with tax credits involved. It’s not even about whether it makes sense to pump a potentially marketable product underground. The question is, “Should eminent domain be used to take property rights away from an individual to be given to another private party for economic development?” 
In the landmark U.S. Supreme Court case addressing the use of eminent domain, Kelo v. New London, a government intermediary condemned private property, took it into the government’s possession, then handed it over to a private developer. There is no provision, or precedent, that allows private property to condemn private property, even with government permission such as the Iowa Utilities Commission (IUC). The answer to the question of “Should eminent domain be used to take property rights away from an individual and given to another private party for economic development?” is a resounding, “No.”
I have been very up front and consistent in my message on this topic throughout my campaign and during these past legislative sessions. The pipelines are private, for profit projects. They do not serve a defined public purpose, as do utilities, public parks, or highways. As such, they should not be granted the use of eminent domain. These are NOT public projects.
The June 11th veto was extremely disappointing. I have a tremendous amount of respect for Governor Reynolds and the work she has done for the state of Iowa. This one she got wrong. This was a Republican bill, in line with the Republican Party of Iowa’s Platform, drafted by conservative Republican members in the Iowa House, addressing an issue supported by a vast majority of Iowans, “We the People.”
Taking away the private property rights of an American citizen for another’s economic gain destroys a fundamental birthright we all share as Americans, a right George Washington said is directly attributed to our future as a free people.
The work continues!