25 percent of Iowa pipeline tracts face eminent domain

BOONE, Ia. — About one-fourth of the Iowa property tracts needed for the proposed Bakken oil pipeline could face condemnation by the state through eminent domain, even though the route is designed to follow a direct path aimed at taking the least amount of ground.

Charles Frey, vice president of engineering for Dallas-based Energy Transfer Partners, told the Iowa Utilities Board on Monday that voluntary easements have been obtained on 74.9 percent of the 1,274 tracts of Iowa land required for the pipeline. That leaves 320 tracts subject to eminent domain, although he said additional easements are still being secured on almost a daily basis through negotiations.

Frey testified on the sixth day of proceedings by the state regulatory panel to consider a state permit and eminent domain authority for the pipeline, which would transport 450,000 barrels of crude oil daily from North Dakota through South Dakota and Iowa en route to a distribution hub at Patoka, Ill. The project is proposed by Dakota Access LLC., a unit of Energy Transfer Partners.

Under eminent domain, the government would have authority to seize private property for the pipeline project. Unwilling property owners would be paid fair market value for their land. However, a court battle would be likely regarding whether the state board can grant eminent domain to a private enterprise like an interstate crude oil pipeline company, as opposed to a public utility, according to lawyers involved in the matter.

In response to questions, Frey said that routing the pipeline along farm fence lines to avoid agricultural drainage tiles would require a longer route. A lengthier pipeline — built at right angles — would use more land and would ultimately interfere with more sensitive sites, he said.

“We did not look at a longer, more circuitous route. We did not look at a route that would avoid Iowa,” Frey said.

The Iowa route would cross diagonally for 343 miles through 18 counties from Lyon County in northwest Iowa through Lee County in southeast Iowa.

Hugh Tweedy of Montrose, whose family owns a farm in Lee County, pleaded with the board on Monday to spare his property from the path of the pipeline. The current route would cut primarily cut through an area on his land that has old growth and mature timber, including large oaks, walnut and shagback hickory trees that are home to bats, he said. It would also slice through organic land used for fruit trees, asparagus and pasture.

"This not about money," Tweedy said. "This forest, this land, is seriously my father’s soul and my soul and will be the soul of my children and grandchildren. I do not want this pipeline going through our sacred farm."

Tweedy said several neighbors have signed voluntary easements allowing the pipeline to pass through their property, and he believes the pipeline could be rerouted through nearby clay hills without any problem. The current route would pass for about 1,100 feet through his farm. He also said he would not be comfortable with the idea of having the pipeline company use horizontal and directional drilling to install the pipeline under his land to minimize the impact.

Dakota Access has said that in Iowa farm fields, the pipeline would be buried by a minimum of 48 inches of dirt and crops could be planted on top. In addition, farm drainage tiles would be crossed with a minimum of 24 inches of separation between the pipe and the drain tile, which exceeds federal requirements, Frey said.

Dakota Access has also told Iowa regulators that the pipeline construction would be overseen by agricultural and environmental inspectors and the project would be monitored by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration.

During the construction project, pipeline welds would be inspected with X-ray or ultrasound equipment and water would be run through the pipeline to check for strength and leaks as part of testing before crude oil is transported, Frey said. The 30-inch diameter pipeline would operate at a maximum pressure of 1,440 pounds per square inch.

The state's hearings on the pipeline case are scheduled to continue through early December, although a decision by the Iowa Utilities Board is not expected until at least late January or early February. Regulatory approvals are also pending in other states.

Information about live video streaming of the meetings is available on the Iowa Utilities Board website at https://iub.iowa.gov/live-video-pipeline-hearing.