South Dakota Bans Using Eminent Domain For Carbon Dioxide Pipelines

South Dakota

South Dakota Governor Rhoden signed a bill banning eminent domain for carbon capture pipelines, protecting landowners’ property rights.

​Republican South Dakota Governor Larry Rhoden signed a bill Thursday banning the use of eminent domain for carbon dioxide pipelines, ensuring land protections for farmers across the state. [emphasis, links added]

The bill, HB 1052, prohibits the government seizure of land for C02 pipelines. This leaves the fate of Summit Carbon Solutions’ $9 billion, 2,500-mile pipeline project potentially hanging in the air, as South Dakota was a key player in the plan.

Summit’s pipeline was to transport captured C02 from five Midwest states to an underground storage spot in South Dakota, which has been referred to as the world’s largest carbon capture project.

“South Dakota landowners feel strongly that the threat of involuntary easements for the proposed carbon dioxide pipeline infringes on their freedoms and their property rights,” Rhoden wrote in a letter to the legislature and to the people of South Dakota.

“I have said many times that Summit needs to earn back the trust of South Dakota landowners. Unfortunately, once trust is lost, it is a difficult thing to regain.”

“Here is my open message to Summit Carbon or anyone else who wants to try to come abuse our fellow South Dakotans,” Republican South Dakota House Speaker Jon Hansen wrote on X.

“Your green new deal boondoggle; your lawsuits; your threats; and your intimidation against our people, our counties, and our grassroots commissioners ARE NOT WELCOME HERE.”

Summit spokesperson Sabrina Zenor said in a statement that “it’s very unfortunate that, despite our approvals in Iowa, North Dakota, and Minnesota, South Dakota changed the rules in the middle of the game.”

“The governor has made it clear that HB 1052 targets one company – Summit Carbon Solutions,” Zenor continued. “It’s unfortunate that a piece of legislation has been framed around a single company rather than addressing broader infrastructure and economic policy.”

“This is definitely a win for the little guy,” Steve Milloy, a Senior Legal Fellow at the Energy & Environment Legal Institute, told the DCNF.

“Carbon capture is economically, politically, and physically impossible.” He said, referring to carbon capture as “totally bogus” and that “the only reason it’s happening is because oil companies can get taxpayer subsidies for it.”

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Stuart Turley is President and CEO of Sandstone Group, a top energy data, and finance consultancy working with companies all throughout the energy value chain. Sandstone helps both small and large-cap energy companies to develop customized applications and manage data workflows/integration throughout the entire business. With experience implementing enterprise networks, supercomputers, and cellular tower solutions, Sandstone has become a trusted source and advisor.   He is also the Executive Publisher of www.energynewsbeat.com, the best source for 24/7 energy news coverage, and is the Co-Host of the energy news video and Podcast Energy News Beat. Energy should be used to elevate humanity out of poverty. Let's use all forms of energy with the least impact on the environment while being sustainable without printing money. Stu is also a co-host on the 3 Podcasters Walk into A Bar podcast with David Blackmon, and Rey Trevino. Stuart is guided by over 30 years of business management experience, having successfully built and help sell multiple small and medium businesses while consulting for numerous Fortune 500 companies. He holds a B.A in Business Administration from Oklahoma State and an MBA from Oklahoma City University.