(Radio Iowa) – Attorneys for a Hardin County landowner and for the company seeking to build a carbon pipeline argued the case before the Iowa Supreme Court last (Tuesday) night. A district court judge ruled Kent Kasischke did not have the right to refuse to let surveyors for Summit Carbon Solutions on his property. Brian Jorde — Kasischke’s attorney — says it’s a violation of the constitution to grant a private company access to Kasischke’s land before the project has been approved by state regulators.

“This is an extreme right to give a private company the right to invade someone’s property against their will for the mere convenience of looking around,” Jorde said. Ryan Koopmans, the attorney representing Summit, says surveyors for private companies plotting out projects have had the right to survey Iowa land since 1851. “To go onto the property…to make sure that easement they’re going to seek is where they say it is,” Koopmans said. “That’s about as simple as it can be.” Koopmans says if the justices rule in the landowner’s favor, it would prevent utilities and other private companies, as well as state and local governments, from surveying property.

“Either we all get survey access,” Koopmans said, “or none of us do.” Jorde urged the justices to limit their decision to a section of state law that deals with hazardous liquid pipelines. “The sky will not fall if you go with landowners on this particular case,” Jorde said. A pipeline opponent sued by the company that’s no longer planning to build the Navigator carbon pipeline were among those who spoke at a rally on the statehouse steps just before last (Tuesday) night’s hearing.

Vicki Hulse of Moville was sued by Navigator for access to her land, but a district court dismissed the lawsuit last year. “If we can stop Navigator’s surveys, we can stop Summit’s,” Hulse said. “We have to keep fighting. We have to stand together and today we stand with Kent.” Kim Junker of New Hartford, an opponent of Navigator’s pipeline, noted the Iowa Utilities Commission has fined Summit for buying the voluntary easements Navigator before the required public hearings were held. “Summit knows the law, but they are arrogant enough to break the law anyways. Well this time Summit is going to be held accountable…well, sort of,” Junker said. “$10,000 is chump change for a billion dollar company.”

Summit issued a written statement, saying the company believed it was in compliance with state regulations and cited the commission’s statement, which called the violation minimal.