UPDATES & ANALYSIS

Iowa Supreme Court to hear oral arguments in Summit pipeline case Oct. 8 in historic Iowa State Capitol courtroom

by Rox Laird | October 7, 2024

The Iowa Supreme Court will hear oral arguments in a case involving Summit Carbon Solutions’ proposed CO2 pipeline in a special evening session Oct. 8 in the historic Iowa Supreme Court courtroom in the Iowa State Capitol Building.

The Court has not regularly used the courtroom in the Capital to hear arguments in appeals since the Judicial Branch Building opened in 2003 across the street from the Capitol. This special evening session is planned to give members of the public the opportunity to witness an oral argument outside of the Court’s regular business hours. Because seating is limited in the courtroom, an overflow room is planned. [For details on the evening session, which begins at 7 p.m., see the Court’s announcement here.]

In the case to be argued Oct. 8, Kasischke v. Summit Carbon Solutions LLC, Kent Kasischke seeks reversal of the Hardin County District Court’s denial of his petition for an injunction to block Summit Carbon Solutions from entering his property to conduct surveys for its proposed CO2 pipeline that would cross Kasischke’s property. [Go to On Brief’s “Cases in the Pipeline” page to see briefs filed in this case.]

In addition to his claims of procedural errors by Summit, Kasischke argues the Iowa statute that allows such surveys on private property (Iowa Code section 479B.15) is unconstitutional under the federal and Iowa constitutions because such entry on his property under statutory authority amounts to a government taking of his property without “just compensation.”

In response, Summit argues it met the requirements of 479B.15 for an injunction authorizing its surveys, including that it meets the definition of a pipeline company under Iowa Code section 479B.2(4), that it held the necessary public informational meeting in Hardin County regarding its pipeline project, and that it provided 10 days’ written notice to affected persons.

As for Kasischke’s argument the statute is unconstitutional, Summit says Iowa has authorized the type of survey access Summit seeks for more than 170 years, and that survey-access laws “merely assert a pre-existing limitation” upon title and do not constitute a taking.

Tags: Iowa Supreme Court 2024-25