Hardin County case involves right to keep surveyors off land considered for use for Summit Carbon Solutions Phase 1 project
The Iowa Supreme Court will hear oral arguments in the case Summit Carbon Solutions LLC v. Kent Kasischke, Case No. 23-1186 from Hardin County district court. The arguments, slated for Tuesday, Oct. 8, at 7 pm in the historic courtroom in the state capitol and are open to the public.
Seating is limited. Attendees may enter the capitol through the west and south public entrances. The west entrance will close at 7:15 pm. The south entrance will remain open until after the oral arguments.
The oral arguments will be livestreamed on the Iowa Courts YouTube channel at https://www.youtube.com/channel/UCL6EU7W8kqDKnKPUzMdxr_g
Case summary: The Iowa District Court for Hardin County ordered that Kent Kasischke could not interfere with Summit Carbon Solutions’ entry upon his land for the purposes of surveying and examining the land to determine the direction or depth of its proposed carbon dioxide pipeline. Kasischke argues on appeal that Iowa Code section 479B.15, which gives pipeline companies the right to undertake land surveys and examinations, is facially unconstitutional under the Iowa and United States Constitutions. Kasischke also challenges the finding that Summit is a pipeline company as defined in section 479B.2 and argues that Summit is not entitled to injunctive relief under section 479B.15 .
