District 6 Sen. Jason Schultz (R-Schleswig) says concerns about legal and financial risks drove his recent vote opposing a House-passed bill that would ban the use of eminent domain for carbon dioxide pipelines. In his first newsletter of the 2026 session, Schultz says he voted in the Senate Commerce Committee to decline consideration of House File (HF) 2104 and instead advance Senate File (SF) 2067, which he argues is a more workable approach to limiting eminent domain. HF 2104 would have barred eminent domain for carbon dioxide pipelines, including the highly contentious Summit Carbon Solutions proposal. Schultz says Iowa law has allowed carbon dioxide pipelines to qualify for eminent domain since the mid-1990s and warns that changing the law retroactively could trigger costly lawsuits against the state. Projects that began legally under existing statutes could expose Iowa to claims totaling hundreds of millions of dollars. SF 2067 would seek to reduce reliance on eminent domain by expanding opportunities for voluntary easements, increasing transparency for landowners, and requiring pipeline companies to provide additional outreach and documentation. Portions of the bill would apply retroactively to Summit’s project. Schultz stresses that his position on carbon capture pipelines is that they do not meet the definition of public use required for eminent domain, but he views the legal exposure for the state if the legislature were to outright ban them as too high. Schultz also points to several ongoing lawsuits, some of which he is listed as an intervenor for, as the most likely path for success.
