Dr. Emily Boevers is a Readlyn farm kid, mother of three, and physician practicing in Iowa. This essay first appeared in the Waverly Democrat.
Property “ownership” is surprisingly complicated. Since feudal times when all land belonged to kings, to global wars that claimed land by force and displaced native populations, to modern concepts about private deeds, covenants and easements—property rights are nuanced. The law bundles the privileges of land ownership as a right to exclude others from a space, to protect or to exploit property for one’s own benefit, to pass it on to heirs and to not have it unlawfully taken or damaged. Enforcement of the rights that come with land title are an honored, but dynamic, legal tradition.
Today, limited options exist to legally seize, use or redistribute property owned by another. Zoning laws are one example of limitations on property use. Voluntary easements grant another the opportunity to use one’s property for limited purposes. Eminent domain allows the non-consensual taking of private land so long as landowners are justly compensated and public good is served.
It is likely through enforcement of eminent domain that the carbon-capture pipeline will ultimately wind its way through Iowa. In June 2024 the Iowa Utilities Board (since renamed the Iowa Utilities Commission) determined that the project qualified as “public use.” The board members concluded that the pipeline’s potential public benefits outweighed private and public costs. Therefore, landowners who do not sign voluntary easements for Summit Carbon Solutions’ pipeline could still be subject to non-consensual use.
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