BISMARCK (North Dakota Monitor) – Several bills related to carbon capture pipelines are set for hearings this week in the North Dakota Legislature covering topics including eminent domain, common carrier status, and liability in the case of a pipeline rupture.
Iowa-based Summit Carbon Solutions plans to build a pipeline to transport carbon dioxide from ethanol plants in five states to underground storage sites in western North Dakota. It has the needed permits in North Dakota but is still facing some landowner resistance.
Suppose a company such as Summit is not able to negotiate an agreement with a landowner for construction on their property. In that case, it can resort to a legal proceeding known as eminent domain. With eminent domain, a landowner can be forced to allow construction of a project with a public benefit, such as roads, utility lines, and, under current North Dakota law, carbon pipelines.
The landowner would be paid if a court allows eminent domain.
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