Serving O'Brien & Clay Counties

Judge: Iowa's pipeline land survey law is unconstitutional

Navigator CO2 Ventures said it will appeal the ruling

State law that allows hazardous liquid pipeline companies access to private land for surveys is unconstitutional because it doesn't provide compensation for intangible damages suffered by landowners, a district court judge has ruled.

"The damages resulting from a landowner's loss of his right to exclusive use of his property are subjective in the same way that pain and suffering damages are as it relates to a victim of a tortious injury," wrote Judge John Sandy, in his Wednesday ruling.

Because Iowa law does not compensate landowners for the duress they incur when they are forced to allow land...