Pierre, S.D. (April 14, 2023) – The South Dakota Freedom Caucus has come out in opposition to the use of eminent domain by Summit’s carbon capture pipeline project. The Caucus strongly believes that private companies do not have the constitutional authority to exercise such power over citizens’ property.

The Caucus expressed solidarity with farmers east-river who stand to lose their land due to the pipeline’s route. They emphasized the importance of eminent domain authority, which is reserved for government use in exceptional circumstances for public use only. The use of eminent domain authority by private companies infringes on the rights of citizens and violates the Constitution.

Wendy Schulz, a farmer from South Dakota, fought through tears to testify for Rep. Karla Lem’s bill HB 1133 this last session, which would have stopped the pipeline. Schulz described how her family had waited thirty years to build their dream home on their family land with their sons, but testified that dream is being bulldozed by Summit’s threats to her family to destroy that land by using eminent domain, unwilling to negotiate the route of the proposed pipeline. “Our lives and our future have had to be put on hold due to the risks involved living next to a CO2 pipeline,” Schulz testified, “the emotional stress and sleepless nights is almost unbearable.”

Other farmers also testified their opposition to the project, citing emotional, financial, and environmental reasons.

SD Freedom Caucus Chair Rep. Aaron Aylward summarized the Caucus’s position, saying, “The use of eminent domain by private companies is a violation of our constitutional rights. We stand with the citizens of South Dakota in opposing the Summit’s carbon capture pipeline project.”

SD Freedom Caucus Treasurer Rep. Tina Mulally, a rancher, expressed her sympathy for the affected farmers, stating, “I understand the plight of these farmers, and I stand in solidarity with them. The South Dakota Public Utilities Commission should oversee this process and exercise their authority, instead of allowing a private company to trample on our property rights.”

The Caucus urges the South Dakota Public Utilities Commission to take charge of the process and protect the property rights of its citizens.