(Shelby Co) The Shelby County Board of Supervisors on Tuesday approved a resolution objecting to the Iowa Utilities Board’s Authority to enact eminent domain authority within Shelby County for privately owned and operated carbon dioxide pipelines.
The resolution, in part, states: The Board of Supervisors of Shelby County, under the authority of IA Code 331.301(1), shall “exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the county and its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents.”
Based on the findings of the Iowa Supreme Court in Puntenney v. Iowa Utilities Board, the Shelby County Board of Supervisors finds in fact they are not limited by IA Code 331.301(1), to be “inconsistent with the laws of the general assembly” in protecting and preserving private property takings utilizing eminent domain due to the lack of public purpose where in this case the sole purpose is private economic gain by Summit Carbon Solutions and affiliates.
Therefore, the Shelby County Board of Supervisors objects to the use of eminent domain for private economic gain and urges the Iowa Utilities Board not to grant Summit the use of eminent domain for this project.
