Dakota Access pipeline was justified in using eminent domain, Iowa Supreme Court rules
The controversial Dakota Access pipeline was within its rights to use eminent domain to seize private land, the Iowa Supreme Court ruled Friday, putting to rest a yearslong challenge from landowners and environmental groups who had sought to stop the flow of oil through the state.
"We conclude that the use of eminent domain for a traditional public use such as an oil pipeline does not violate the Iowa Constitution or the United States Constitution simply because the pipeline passes through the state without taking on or letting off oil," wrote Justice Edward Mansfield in the court's majority opinion.
The decision means the pipeline, which has been in operation for two years, can continue transporting crude oil through Iowa. It also affirms that oil pipelines qualify for the state's eminent domain laws.
After the Iowa Utilities Board approved the project and the use of eminent domain to gain easements on properties in 2016, several landowners contested the decision in court. They were joined by a number of other groups, including the Iowa chapter of the Sierra Club.
Read more: https://www.desmoinesregister.com/story/news/crime-and-courts/2019/05/31/iowa-supreme-court-dakota-access-pipeline-iowa-utilities-board-sierra-club-lawsuit-appeal/1286508001/