SIOUX CITY — Carbon dioxide pipeline developers will have an opportunity next week to argue for a court order barring two Woodbury County landowners from interfering with attempts to enter their land to survey the planned pipeline route.
District Judge Roger Sailer Wednesday scheduled a hearing for Sept. 30 to hear Navigator Heartland Greenway’s request for an injunction against property owners William and Vicki Hulse of Moville, Iowa, which twice denied the company’s agents access to have refused their country, which is in the pipeline, the proposed route.
Navigator sued the Hulses last month and is seeking a ruling that prevents them from being denied access to their land.
The Hulses have filed a countersuit challenging the constitutionality of a state law granting pipeline companies the right to access private land for surveying and surveying. They asked for an injunction barring Navigator’s agents from entering their property until the constitutionality issue is resolved.
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Ahead of Wednesday’s hearing, conducted via videoconference in Woodbury County District Court, attorney for navigator Brian Rickert filed a motion asking the judge to expedite the company’s request for a restraining order so agents can prepare the polls complete the winter and avoid possible delays in the project.
“Navigator needs to do these surveys and surveys in a very short time because the results can determine, for example, where the pipeline route is,” Rickert said in his application.
Sailer said in his appointment that a hearing should be scheduled promptly. Additional hearings will be scheduled after he rules on the restraining order.
Navigator has filed similar lawsuits in Clay and Butler counties against landowners who denied company officials access to their property. A hearing on Navigator’s request for a temporary restraining order in Clay County is scheduled for Thursday. The Clay County landowner and one of the two from Butler County have also filed constitutional complaints similar to the Hulses.
Navigator has proposed a $3 billion, 1,300-mile pipeline that will collect carbon dioxide from ethanol plants and fertilizer processors in Iowa, Nebraska, South Dakota, Minnesota and Illinois, convert it into liquid form and transport it under high pressure to a site in Illinois would where it would be pumped thousands of feet below the surface.
The pipeline would run approximately 900 miles through 36 counties in Iowa, including Woodbury, Clay, and Butler counties. Other Siouxland counties include Plymouth, Lyon, Osceola, O’Brien, Cherokee, Dickinson, and Buena Vista in Iowa, and Dakota, Dixon, and Wayne counties in Nebraska.
It is one of two coal pipelines planned to run through the area.
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