A Discussion on Eminent Domain Laws Regarding the Midwest Carbon Sequestration Pipeline

Author

Michael WagenaarFollow

Date of Award

Spring 4-4-2025

Document Type

Honors Thesis

Department/Major

Political Science

First Advisor

Dr. Ed Gerrish

Second Advisor

Dr. Timothy Schorn

Third Advisor

Dr. Isaiah Cohen

Keywords

Eminent Domain, Carbon Pipeline, Political Science, Summit Carbon Solutions

Subject Categories

Infrastructure | Policy Design, Analysis, and Evaluation | Public Policy

Abstract

This thesis examines the legal complexities surrounding eminent domain, common carrier status, and landowner protections in the context of Summit Carbon Solutions carbon sequestration pipeline. This proposed pipeline spans five states, including South Dakota, North Dakota, Minnesota, Iowa, and Nebraska, with each state presenting different regulatory frameworks that impact the project's implementation. These findings highlight discrepancies in eminent domain laws, common carrier status, challenges in the permitting process, and landowners rights. Of the five states involved in the pipeline project, some impose strict judicial oversight and negotiation requirements, while others maintain flexible or decentralized policies. Additionally, landowner protections and survey entry provisions vary significantly, which have led to state supreme court cases in three of the five states involved in this project. The findings of this thesis emphasize the necessity for a standardized regulatory framework for interstate pipeline projects, and a need to balance infrastructure development with landowner rights. Policymakers should create and improve state laws to streamline the eminent domain process and better protect the rights of landowners.

Recommended Citation

Wagenaar, Michael, "A Discussion on Eminent Domain Laws Regarding the Midwest Carbon Sequestration Pipeline" (2025). Honors Thesis. 355.
https://red.library.usd.edu/honors-thesis/355