The Fifth Amendment of the U.S. Constitution, states that the government may only exercise the power of eminent domain to take private property from citizens if they pay just compensation to the property owners and it is for the public use.
The use of eminent domain by a private company is unconstitutional and unacceptable, let alone for something like carbon-dioxide sequestration, or the long-term storage of CO2 underground.
But that’s exactly what’s happening to hundreds of East-River South Dakota landowners; and what’s worse, it’s “legal” under South Dakota law! (SDCL § 49-7-13)
In fact the law states:
“Any pipeline companies owning a pipeline which is a common carrier as defined … may exercise the right of eminent domain in acquiring right-of-way as prescribed.”
That’s why we’re urging every South Dakotan to stand with us in saying: “NO EMINENT DOMAIN FOR PRIVATE GAIN!” and signing our petition now.