Letters: Reynolds must take control of the IUB hearing

 

August 31, 2023



To the editor:

When questioned about eminent domain during the 2022 gubernatorial candidate debate, Gov. Reynolds answered many times that “there is a process in place.” That process is playing out now at the Cardiff Event Center in Fort Dodge where Summit Carbon Solutions is making the case for its hazardous CO2 pipeline and landowners are being forced to defend their land. Seeing events unfold, it’s questionable if Reynolds understands the process.

I was among 200-plus landowners and supporters who attended the opening day of the hearing on Aug. 22. While I was ready for a formal hearing, I wasn’t expecting to be treated like a second-class citizen. It’s apparent that that the hearing is biased and out of control.

Understandably, the venue is heavily secured. However, the company overseeing security is OverWatch Enterprises, a Florida-based company which coincidently was hired by Summit to guard its survey crews. It’s not surprising that the security team treats Summit and landowners differently.

Tuesday, Summit’s personnel were given VIP parking and a back entrance that skirted a security check. Exhibit H landowners and supporters, on the other hand, were forced to stand outside in a long line during a triple-digit heat advisory to go through a security check. Entering four at a time, we were subjected to bag and pocket searches and wand scans. On Wednesday, a K-9 dog was added to the security team.

In the hearing room, we were seated on chairs in the back. Standing was not allowed, and restroom breaks were permitted only during recesses. We felt trapped and subject to removal if we talked or left our chairs. This restriction was lifted somewhat on Wednesday, and attendees were allowed to come and go as they pleased. However, standing and talking isn’t allowed, and security checks continue every time observers enter the building.

No food or drink is permitted inside the venue, yet Summit’s team drinks pop and munches on snacks. Landowners are allowed a bottle of water. Lunch breaks have been shortened to 45 minutes, making it difficult to drive to food venders, eat, and return on time. The Summit team, however, can order in for lunch and have ample time to eat.

It should be noted that Summit’s security ordered a van belonging to Attorney Anna Ryon towed from the lot on Wednesday. Attorney Ryon, who is working pro bono to help landowners, found her van missing when she left the hearing. Security said the van “looked suspicious,” and accused her of using it for overnight sleeping. This was not true; the van was not on the lot Tuesday night. Attorney Ryon finally located her van, along with confidential client papers inside, after many hours, numerous phone calls, and payment of towing charges.

Discrimination against landowners is apparent in the way business is conducted. We aren’t allowed to use cell phones or computers, but Summit’s team sits at tables with open laptops. There is no schedule. Landowners are told on Thursday if they are scheduled to appear the following week. Since we have no idea when we will be called to testify, it’s extremely difficult to schedule our calendars. Without a schedule, it’s impossible for our attorneys to schedule experts and other witnesses, many coming from a distance.

By law, every landowner targeted for eminent domain has the right to present his or her case to the board. With nearly 1,000 Exhibit H parcels targeted for eminent domain, this hearing could last weeks, even months. Yet, after only three days, IUB Chair Erik Helland and IUB member Sarah Martz have complained several times about the length of the proceedings and the amount of time each landowner is taking. Chair Helland has also limited the questions lawyers are allowed to ask landowners.

The Iowa Utilities Board falls under the prevue of Governor Reynolds, and she has a responsibility to see to it that the hearing is conducted fairly for all parties involved. Summit’s out-of-state and out-of-control security team should be replaced with an unbiased Iowa company hired by the state, not Summit. An administrative law judge should be appointed to oversee the hearing to ensure that all parties are treated fairly and with respect.

Governor Reynolds must take control of the IUB hearing. The right to due process must be enforced and the integrity of the Iowa Utilities Board unquestioned. Nothing less than constitutional rights, land and livelihood of hundreds of Iowa landowners is at stake.

Bonnie Ewoldt,

Milford resident and Crawford County landowner

 
 

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