The IUB has given Summit Carbon Solutions the power of Eminent Domain

The IUB has ruled away your property rights to a private for profit company, Summit Carbon Solutions, so it can build its CO2 pipeline through Iowa to a CO2 landfill in North Dakota. The only saving grace is that two of the three member board insisted on a condition that prohibits Summit Carbon from beginning construction until it has obtained agency-level approval for a route and sequestration site in North Dakota and a route in South Dakota.

Now is the time for the Lesser Magistrates, “Our system of government was designed with the separation of powers, not only between the three branches of the federal government, but also between the states and local authorities. It is no accident that the Constitution not only requires those elected to federal office to take an oath to support the Constitution, but also those elected in the “several States” (see Article 6, Paragraph 3). Each elected official in the United States [including appointed boards like the Iowa Utilities Board] [are] bound to recognize the Constitution as the “supreme Law of the Land” in matters to which it speaks, and are required to take an oath support and defend it.”

Continuing, “In practice, what this means is that even the lowest (or the most local elected official) has been given the duty and also granted the authority to protect the citizens under his care from tyrannical rulers. For instance, if the President proclaims an order contrary to the Constitution, a state governor can ignore that order and protect the citizens in his state from prosecution. This would also mean a city council [or a county board of supervisors] could do the same against a governor; a sheriff against a county board of supervisors; etc.”

Boards of Iowa County Supervisors have been passing county resolutions to codify their authority as lesser magistrates. This morning the Dickinson County Board of Supervisors approved the following resolution:

THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Dickinson County, under the authority of IA Code 331.301(1), shall “exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the county and its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents.” Based on the findings of the Iowa Supreme Court in Puntenney v. Iowa Utilities Board, the Dickinson County Board of Supervisors finds in fact they are not limited by IA Code 331.301(1), to be “inconsistent with the laws of the general assembly” in protecting and preserving private property takings utilizing eminent domain due to the lack of public purpose where in this case the sole purpose is private economic gain by the CO2 Pipelines. Therefore, the Dickinson County Board of Supervisors objects to the use of eminent domain for private economic gain and urges the Iowa Utilities Board not to grant CO2 Pipelines the use of eminent domain for this project.”

Floyd County passed a similar resolution last week. The Iowa Utilities Board has decided that private property rights must not interfere with a corporation’s right to federal welfare dollars. This ruling has signaled to the wolf of Iowa and the wolves at the Iowa border that our property rights are up for grabs to the highest corporate bidder. The Free Soil Foundation will fight this lawless and unconstitutional decision by the appointed Iowa Utilities Board with every resource available.

The link to the IUB Final Decision and Order.