(Radio Iowa; UPDATED) – Iowa Agriculture Secretary Mike Naig says he’s concerned about what state law says about how crop land and pastures are to be restored after a hazardous liquid pipeline is built. “Should we look at that law? I think we can,” Naig says. “Eminent domain use should be rare. It should be used when there are significant property agreements in place.” But Naig says the legislature’s priority should be establishing guardrails and defining terms.

“I would be careful of going in and saying specifically: ‘This kind of project should or should not be allowed,'” Naig said. “Look at those broader principles. Does it have an overwhelming impact?…Is it used in cases where there’s voluntary agreement? What’s the right number for that?…Maybe some additional teeth in the restoration process to ensure that land is useful afterwards. I think those are things that are very logical to look at after we’ve gone through a process now.” Naig has read through the Iowa Utilities Commission decision granting a construction permit to Summit Carbon Solutions.

“Nobody likes eminent domain. Nobody, but Iowa law allows for it and Iowa law allows for it when it’s justified. How is it determined whether it’s justified? Utilities Board. Should we look at that law? I think we can,” Naig said. “Eminent domain use should be rare. Eminent domain should be used when significant voluntary agreements are in place.” But any eminent domain changes would be for projects proposed in the future, not the Summit pipeline. Naig says there could be an upside for the ethanol industry and corn growers if the pipeline’s built.

“Whether you like it or not…there could be an expansion signal even sent to the ethanol industry as we look at now using ethanol to make sustainable aviation fuel. If you’re going to make sustainable aviation fuel, you’ve got to lower the carbon intensity of ethanol,” Naig said. “There are many ways to do that, but we should be looking at all the options there. So is there potential value in this? Yes.” Naig expects lawsuits will be filed to challenge the state-issued construction permit for the pipeline and he says there may be other things lawmakers can learn through that process.

Naig made his comments during a recent appearance on Iowa Press on Iowa P-B-S.