We’ve reported how several eminent domain bills have been introduced in the Oklahoma legislature which convenes its 2025 session next week.
Legislators will trail two other states where eminent domain for development of energy projects drew opposition. The South Dakota House passed a bill 49-19 to ban the use of eminent domain for carbon pipelines, sending the legislation to the state Senate. (South Dakota Searchlight)
The South Dakota Searchlight reported the proposed $9 billion Summit Carbon Solutions pipeline drew opposition over the possible use of eminent domain. However, the bill that received approval this week would not prevent construction of the pipeline.
“They just don’t get the supreme power of eminent domain to force their projects down the throats of South Dakota people,” said House Speaker Pro Tempore Karla Lems who owns land near the proposed pipeline. The Summit pipeline proposes to transport some of the CO2 emitted from 57 ethanol plants in five surrounding states and move it to an underground storage site in North Dakota.
The North Dakota legislature plans to hold hearings this week on a series of carbon pipeline bills, including one prohibiting the use of eminent domain during development. The bills were sparked by the same Summit pipeline.
One bill, House Bill 1414 specifies that the state may not use eminent domain for carbon dioxide pipelines and revokes common carrier status for carbon pipelines, reported the North Dakota Monitor.
Under the bill, solar, wind and hydrogen energy projects would also not be allowed to use eminent domain.