A four-year controversy that has shaken South Dakota’s Republican political establishment culminated Tuesday in the Legislature’s passage of a ban on eminent domain for carbon dioxide pipelines.

The state Senate voted 23-12 to approve the bill, which previously passed the House, and sent it to Republican Gov. Larry Rhoden for his signature or veto. He declined to state his position on the bill during recent press conferences. His spokeswoman issued a statement Tuesday in response to a question from South Dakota Searchlight.

“Governor Rhoden is committed to protecting landowner rights and keeping South Dakota Open for Opportunity,” the statement said. “He has a wealth of knowledge on both eminent domain and property rights issues, and he is well aware of all the arguments in this discussion. He will be carefully considering this bill in the coming days.”

The legislation would prohibit carbon pipeline companies from acquiring land by eminent domain. That’s the right to access private property for projects that benefit the public, with just compensation determined by a court. Eminent domain is commonly used for projects such as electrical power lines, water pipelines, oil pipelines and highways.

Sen. Tom Pischke, R-Dell Rapids, supported the bill. He called it a response to an outcry from landowners.

“Private companies should not be able to take South Dakotans’ land against their will,” Pischke said.

Sen. Mark Lapka, R-Leola, also supported the legislation.

“I don’t want to see us go down a path where eminent domain becomes a way of doing business,” he said.

Lapka owns land near the proposed route of Iowa-based Summit Carbon Solutions’ $9 billion pipeline. So does the bill’s main House sponsor, Rep. Karla Lems, R-Canton

The pipeline would transport carbon dioxide from more than 50 ethanol plants in five states, including eastern South Dakota, to an underground storage site in North Dakota. The project would qualify for billions in federal tax credits incentivizing the sequestration of heat-trapping greenhouse gas emissions.

Summit issued a statement after the bill’s passage Tuesday.

“Summit Carbon Solutions has been inclusive — signing easement agreements with more than 500 landowners, working with nearly every ethanol plant, and ensuring economic benefits for farmers and ethanol producers in the upper Midwest,” the statement said, in part.

The company went on to label its project as important to “American energy dominance” and said “South Dakota should be part of that future.”

[……..]

————-

Looks like South Dakota is trying its hardest to protect private land ownership. Eminent Domain is one of those difficult actions. Sometimes it make sense other situations it’s a clear violation of personal property rights. But I’m not a believer of carbon credits so I would be against the state taking over private land to build a dumb carbon pipeline just to inject underground in North Dakota to stop global warming and sell fake offset credits.