North Dakota Senate Bill SB2212

North Dakota 2023-2024 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23
• Report DNP: 2/15/23

Caption

Eminent domain and carbon dioxide pipelines; and to declare an emergency.

Impact

The proposed amendments would notably allow carbon dioxide pipeline carriers to exercise eminent domain rights. This adjustment indicates a strategic focus on supporting the carbon management industry's growth within North Dakota, where environmental policy is increasingly tied to energy production strategies. If enacted, the bill would have significant implications for landowners and agricultural stakeholders, as property could be condemned for pipeline development, raising concerns about land rights and usage.

Summary

Senate Bill 2212 seeks to amend certain subsections of the North Dakota Century Code concerning eminent domain specifically for carbon dioxide pipelines. The bill aims to clarify and expand the rights associated with eminent domain for pipeline carriers, enhancing their ability to acquire land necessary for the construction and maintenance of carbon dioxide pipeline infrastructure. This legislative change is presented in the context of increasing concerns regarding carbon capture and storage as part of state environmental and energy policies.

Contention

Discussion around SB2212 reflects a mixture of support and opposition, primarily centered on municipal authority and property rights. Proponents argue that facilitating carbon dioxide pipeline development is crucial for tackling climate change as it enables the capture and storage of emissions. However, opponents express concerns over the potential for overreach in eminent domain applications, fearing disruption to local communities and farming operations. The balancing act between environmental goals and constitutional property rights is at the forefront of the debate surrounding this bill.