Iowa Supreme Court of rules Dakota Access Pipeline valid use of eminent domain News
© WikiMedia (Tony Webster)
Iowa Supreme Court of rules Dakota Access Pipeline valid use of eminent domain

The Supreme Court of Iowa ruled Friday that the Dakota Access Pipeline is a valid use of eminent domain in the state of Iowa.

The Dakota Access Pipeline is set to be one of the largest oil pipelines in North America, running from North Dakota through South Dakota and Iowa to reach a refinery in Illinois. The pipeline has been subject to a significant amount of controversy for its size and environmental impact as well as its location running near Indian reservations.

The current case was brought by landowners in Iowa who argued that the pipeline cannot be a valid use of the Takings Clause because it is neither taking on nor offloading oil in Iowa. The landowners additionally argued that the Dakota Access company is not a common-carrier from which they can benefit. The landowners hoped to enjoin the government from continuing the pipeline’s construction on their land.

The majority ruled to affirm the district court opinion, finding that the company is a common-carrier conducting a valid use eminent domain. The court specifically called out that not the use of the pipeline for a traditional public use such as transporting oil is not invalid merely because the pipeline is not taking on or letting off oil. Justice Wiggins, concurring in part and dissenting in part, said that while he agreed with the majority that the economic benefits were not substantial enough to justify a taking, he disagreed that the Dakota Access company was a common-carrier. Wiggins argued that a traditional common-carrier still has to provide some benefit to the Iowa public. Justice McDonald dissented because he would have dismissed the case as moot.