South Dakota Farm Bureau, Corn Growers Association support 67% threshold for voluntary easements in order to use eminent domain to build CO2 pipelines in the state

February 14, 2025:

The South Dakota Farm Bureau and the South Dakota Corn Growers Association have come out in support (Feb. 14, 2025) of a requirement that CO2 pipeline companies secure voluntary easements from at least 67% of the landowners along their pipeline before being able to invoke the use of eminent domain.

Corn Growers President Taylor Sumption said 67% offers a “balanced approach.” He said SDCGA respects landowners and this compromise is intended to help “empower individuals to improve their bargaining position.”

Additionally, Sumption said the Corn Growers oppose House Bill 1052 because it sets a 100% requirement for voluntary leases. He said a “reasonable path forward is not 0% nor is it 100% agreement.”

Farm Bureau President Scott VanderWal said private property rights are the cornerstone of his organization. He said at the beginning of the carbon pipeline conversation in South Dakota, Farm Bureau members with differing views held discussions and reached agreement on the 67% voluntary lease threshold before eminent domain could be used.

Both Sumption and VanderWal say their groups look forward to finding solutions that support value-added agriculture opportunities in the state, while also respecting the rights of individual landowners.

January 23, 2025:

Ames, Iowa [January 23, 2024] – Summit Carbon Solutions has filed a legal action to ensure a fair and transparent process for the South Dakota Public Utilities Commission review of its pipeline permit. The company is asking the court to prevent Commissioner Kristie Fiegen from participating in the decision. While Summit is confident in its ability to secure the necessary approvals, her involvement risks opening the door to appeals that could delay the project for months or even years, creating unnecessary uncertainty for farmers, ethanol producers, and local communities relying on the project’s success.

Commissioner Fiegen recused herself from Summit’s previous case because the pipeline crosses land owned by her sister-in-law and her sister-in-law’s husband, who received compensation for easement rights. The McCook County land remains part of the route, creating an unavoidable conflict of interest. This conflict could make the permit vulnerable to immediate legal appeals, regardless of the outcome.

“We’ve worked hard to meet the permitting requirements in every state along our route, earning unanimous approvals in Iowa, Minnesota, and North Dakota,” said Summit Carbon Solutions General Counsel, Jess Vilsack. “We’re committed to keeping the process in South Dakota clear of any issues that could create uncertainty for farmers, ethanol producers, and local communities depending on this project’s success.”

Summit Carbon Solutions is confident in its application and remains committed to working with state officials, landowners, and stakeholders to move the project forward.

January 15, 2025:

Prior to the start of South Dakota’s 100^th Legislative Session (Jan. 14, 2025), supporters of eminent domain reform gathered in Pierre Monday (Jan. 13, 2025) to present a unified message to state lawmakers.

Representative Karla Lems and Senator Mark Lapka are the prime sponsors of House Bill 1052.

Mitchell area rancher Amanda Radke said the message to the 105 state senators and representatives is simple.

Lems said the proposed bill specifically targets carbon pipelines.

Iowa-based Summit Carbon Solutions wants to construct a 2,500-mile pipeline network that would carry carbon emissions from 55+ ethanol plants in Iowa, Minnesota, Nebraska, North Dakota and South Dakota to storage deep underground in North Dakota. In November (Nov. 19, 2024), the South Dakota Public Utilities Commission received Summit’s application for a permit to construct the underground pipeline. The PUC is holding public input meetings on Summit’s permit application today, tomorrow and Friday (Jan. 15, 16 and 17, 2025) at various locations on the east side of the state.

Public input meetings – In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline are being held:

• Wednesday, January 15, 2025, at 10:00 a.m., CST, at the Mitchell High School Performing Arts Center, 821 N. Capital St., Mitchell, South Dakota.

• Wednesday, January 15, 2025, at 5:00 p.m., CST, at the HUB Auditorium, Southeast Technical College, 2001 N. Career Ave., Sioux Falls, South Dakota.

• Thursday, January 16, 2025, at 11:30 a.m., CST, at De Smet Event Center Theater, 705 Wilder Lane, De Smet, South Dakota.

• Thursday, January 16, 2025, at 6:00 p.m., CST, at the Kampeska Hall, Ramkota Hotel & Watertown Event Center, 1901 Ninth Ave. SW, Watertown, South Dakota.

• Friday, January 17, 2025, at 10:30 a.m., CST, at the Dakota Room, The Dakota Event Center, 720 Lamont St., Aberdeen, South Dakota.

• Friday, January 17, 2025, at 6:00 p.m., CST, at Redfield School Auditorium, 111 E. Sixth Ave., Redfield, South Dakota.

DECEMBER 2024:

The South Dakota Public Utilities Commission scheduled a series of six public input meetings in January about Summit Carbon Solutions’ application for a permit to construct a carbon dioxide pipeline. The meetings are scheduled for January 15-17, 2025, at various locations in eastern South Dakota near the proposed pipeline route.

Iowa-based Summit Carbon Solutions plans a 25-mile, $9 billion pipeline to capture carbon dioxide from 57 ethanol plants across five states, including eastern South Dakota, and transport it to North Dakota for underground storage. The project would capitalize on federal tax credits incentivizing the prevention of heat-trapping carbon emissions.

“The purpose of the public input meetings will be to hear public comments regarding the application and the project,” the commissioners said in a written order. “At the meetings, Summit will present a brief description of the project, after which interested people may appear and present their views, comments, and questions.”

Image courtesy of Summit Carbon Solutions website. January 3, 2025.

Image courtesy of Summit Carbon Solutions website. January 3, 2025.

NOVEMBER 21, 2024:

Summit Carbon Solutions resubmitted an application for a carbon dioxide pipeline to South Dakota state regulators this week. The application included “major reroutes” of the proposed structure in four South Dakota counties. The move happened over a year after the South Dakota Public Utilities Commission rejected the company’s first application.

“By working hand-in-hand with landowners and communities, we’ve developed a project that balances progress with respect for those directly involved,” says Lee Blank, CEO of Summit Carbon Solutions. “Together, we’re creating a new pathway to new markets and lasting economic growth for generations to come.”

The 2,500-mile pipeline will include 700 miles in South Dakota. It will eventually transport CO2 from 57 ethanol plants across five states, including 14 in South Dakota and Gevo’s SAF plant near Lake Preston, South Dakota. The majority of the CO2 will be safely and permanently stored in North Dakota via Class Six injection wells.