Mark Hefflinger Mark Hefflinger

Iowa Court Sides With Landowner, Finds Law Allowing Pipeline Survey Unconstitutional

An Iowa District Court on Wednesday determined an Iowa state law that allowed pipeline companies to enter private land for survey without guardrails or compensation is unconstitutional. The Clay County judge recognized that landowners have a right to exclude unwanted intrusions onto their properties and that just compensation must be paid when takings occur. The ruling held that this right to exclude cannot be taken by the government or its delegees, such as hazardous pipelines, without due process and just compensation, which the Iowa statute does not require.

Brian Jorde, the attorney with Domina Law Group and Easement Action Teams LLC for the landowner who brought the lawsuit, who is a member of the Iowa Easement Team, said:

“This is and will always be about defending property rights and holding hazardous pipelines to constitutional standards. My client and I applaud Judge Sandy’s thoughtful analysis and courage in this decision. The right to prevent unwanted entry onto your private land is a fundamental right that the government may not take without due process and just compensation. Today’s decision confirms this right and is a victory for landowners everywhere.”

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Mark Hefflinger Mark Hefflinger

NWIowa.com: Antipipeline litigation has 'power in numbers'

“Brian Jorde is the main attorney for a group of landowners united against the pipeline. “There’s power in numbers with other like-minded, concerned Iowa landowners,” Jorde told NWIowa.com.

“We have to mass up and group together to try to fight against the power of the political machine and the millions and millions of dollars they can throw around to buy people off.”

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Mark Hefflinger Mark Hefflinger

landowners question credibility of Summit Carbon Solutions owners, leadership

via Dakota News Now
by Beth Warden
7/21/22

“…In Iowa, a resident submitted her research findings to the Iowa public utility board, claiming ownership connections to SKE&S, which she says is also SK holdings, a company fined over 70 million dollars for defrauding US military contracts.

Attorney Brian Jorde with Domina Law Group represents South Dakota Landowners and has reviewed the documents. The Department of Justice Documents show SK Holdings pleaded guilty in 2018 and again in 2020 to Government Fraud. Another case was listed as a settlement, while another is still pending. “The South Korean entity has taken a 10% ownership in Summit carbon solutions. Is this who you want, owning operating a pipeline through your state?” said Jorde…

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Justin Kemerling Justin Kemerling

Iowa Public Radio: Iowa landowners unite against use of eminent domain

via Iowa Public Radio
By Kendall Crawford
February 24, 2022

“Iowa landowners are uniting to defend themselves against the use of eminent domain. The newly formed Iowa Easement Team wants to stop Summit Carbon Solutions and Navigator CO2 Ventures from using eminent domain to build pipelines throughout Iowa. Hundreds of farmers in the path of the recently proposed carbon capture and sequestration (CCS) pipelines have jointly hired the Omaha-based Domina Law to lead their legal effort.”

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