DES MOINES, Iowa — The Summit Carbon Pipeline has stirred controversy, and Tuesday, that controversy was argued in front of the Iowa Supreme Court.
A Hardin County resident, Kent Kasischke, was told by a district court "he could not interfere with Summit Carbon Solutions' entry to his land for purposes of surveying and examining the land to determine the direction or depth of its proposed carbon dioxide pipeline."
That came after Kasischke claimed Summit Carbon Solutions entered his property without proper notice.
Now, that case has reached the Iowa Supreme Court to determine if he has the right to prevent the company from surveying his property.
"We're talking about a convenience of a for-profit, private company in this instance to just go out and look around on the entirety of the whole property," said Brian Jorde, Kasischke's attorney. "They're not limited to where they think the easement might be, they can go in buildings, they can go anywhere."
A lawyer for Summit Carbon Solutions argued private companies have the ability to survey Iowa land in order to plan projects.
"To go onto the property and just look for the meets and bounds to make sure that the easement that they're going to seek is where they say it is, that's about as simple as it can be," said Ryan Koopmans, attorney for Summit Carbon Solutions.
People gathered outside the Iowa State House before the oral arguments, opposing the pipeline. Those gathering shared stories and encouraged others to keep fighting.
One person impacted by the pipeline is Mary Powell. Powell's 103-year-old mother is at risk of her century-old family farm being affected by the Summit Carbon Pipeline.
"I remember that joyous day when they paid off the loan and the land was ours, and they thought, no one can take it from us," Powell said.
Summit Carbon Solutions argued a decision against its entity could do more harm than good.
"It would either be an on or off switch, either all get survey access or none of us do," Koopmans said. "If we don't have it then Iowa DOT doesn't have it, railroads don't have it, electric utilities don't have it."
At the same time, those against say citizens have a basic right to their own land, and they will continue to show up until a solution is met.
"Even if your land is not impacted, just realize that if this passes, it's not a matter of if, it's a matter of when they will come and take your land from you," Powell said.
The Iowa Supreme Court did not give a specific timeline on the ruling at the end of the hearing.
If they rule in favor, the pipeline's right to survey the property stands. If they rule against, an injunction will be placed on Summit Carbon Solutions, preventing the company from surveying Kasischke's property at its own discretion.
