The North Dakota Attorney General is suggesting that South Dakota is, “impeding interstate commerce” by banning the use of eminent domain for carbon dioxide pipeline projects, and threatening to sue the State of South Dakota over it. HB1052 was passed by the Representatives of the People of South Dakota, and signed into law by South Dakota’s Governor. The Representatives of the People of Iowa also passed similar legislation, which was vetoed by the Iowa Governor in a move that contradicted the voice of the People.
Interstate commerce would be a project that produces something of value, or transports a commodity of value. It is my opinion that capturing plant food that every living thing needs, and pumping it into the ground for sequestration, is not a project that produces anything of value, or is becoming of the title “for the public good”, or “for public use”. The US Environmental Protection Agency is currently considering removing carbon dioxide from their list of pollutants, which would make this proposed project completely useless by any standard.
The foolishness of this project would die in a heartbeat, be it not for the fleecing of the American taxpayers that would pay for it in the form of 45Q tax credits. As stated previously, it produces nothing of value, and provides no public service, so therefore does not fit the requirements for the Constitutional use of eminent domain. Our founders built eminent domain into our founding documents for a reason, and that reason is public use and public good, their intentions for the use of eminent domain were never meant to serve taxpayer funded corporate greed.
I agree with SD Governor Larry Rhoden, SD Attorney General Marty Jackley, SD Speaker of the House Jon Hansen, and the People of our State on defending the rights of South Dakotans to shelter themselves from the greedy misuse of eminent domain by any company looking to line their pockets with taxpayer dollars, because in South Dakota, “Under God the People Rule”.
Jim Eschenbaum,
SD GOP Chairman
