BROOKINGS The prospect of a CO2 pipeline being built in the county prompted a pair of responses from the Brookings County Commission at Tuesdays meeting: A resolution urging the South Dakota Legislature to oppose the use of eminent domain and authorization to create a county-level pipeline subcommittee.
The votes were 5-0 on both actions, with Commissioner Dave Miller in attendance via phone. The decisions were made in the wake of a presentation by Emergency Manager Bob Hill, with the resolutions approval drawing applause from the audience. It included more than a few constituents with concerns about Summit Carbon Solutions plans to serve Valero Renewables in Aurora with a 6-inch branch CO2 pipeline that would link up with its main line west of Brookings County.
Presentation
In his presentation, Hill touched on a many points, including that the county has included pipelines in its zoning considerations since 2008, with an update in 2024. Afterward, commissioners had questions, including:
Shawn Hostler, who asked about pipeline permitting. Hill said that authority rests with the South Dakota Public Utilities Commission.
Doug Post inquired about whats called the consultation zone, which is part of the countys rules, wondering about potential land-use restrictions that landowners might face.
Hill said the zone stretches 660 feet out from each side of the pipeline and is typically monitored by the lines owner. If people plan to do projects within that area, consultation is required with the pipeline owner.
Thats to keep both parties from doing some damage, he said.
Additionally, Hill said a building permit isnt going to be issued within the consultation zone unless theres a written statement from the pipeline owner giving the OK to whats planned at that location.
If you bring in certain equipment right next to a pipeline and start pounding into the ground, you could do some serious damage to it, he noted. Thats why we make them consult just talk to each other. Were not trying to prohibit people from doing anything on their land. We just want it done safely so no one gets hurt while doing it.
Larry Jensen brought up a question about trespassing, namely: Is permission required to access land for surveys?
Sheriff Marty Stanwick said it would be if theres no permission from the landowner and no court order authorizing it.
To me, the property owners have the right to protect their land, he said. If they dont want somebody on their land, thats trespassing.
Pipeline subcommittee
Following the 5-0 vote of support from the county commission, Hill will begin work will begin on establishing a pipeline committee. His priority at the moment is what the makeup of the panel will look like.
To that end, hes recommending representatives hail from entities such as fire departments in the county, the proposed pipeline and someone from East Dakota Water Development District. Hill would also like representation from the sheriffs office, townships and the states attorneys office. Public involvement beyond that would also be a consideration.
Just be aware, the bigger the committee, the harder it is to get anything done, Hill said. We dont want to stack the committee one way or the other. We want to have a fair committee, in my opinion. It works better.
Testimony heard
The Commission Chambers were fairly full on Tuesday morning with an audience whose concerns about Summits proposal were paramount. People werent shy about sharing them with the county commission, either, often generating applause from others in the crowd.
Residents who took the time to come in and offer their insights included:
Matt Wagner, who is a member of the Oslo Township Board: He spoke on behalf of the townships residents, and focused on explaining the importance of wanting a 2-mile minimum setback for the CO2 pipeline in Brookings County.
Carla Dieter lives near Lake Campbell, where she says there are around 100 homes, with another 35 planned via the Turtle Bay plats that were approved at Tuesdays meeting. The proposed route passes just north and west of the lake.
You all know Lake Campbell is a populated area. People use it for boating, camping, fishing. Theres the country club golfing area out there, she said. This is impacting a lot of people right around that Lake Campbell area.
Diana Page, who calls both Brookings and Lake Campbell her homes, noted that people near the proposed route might want to check with their homeowners insurance agent, since coverage for property damage and/or injuries to guests from a potential incident is something of a gray area.
While Parnell Township resident Carrie Thompson said the pipeline wont affect her land, she still worries for those that could be impacted.
This is not about the greater good. It is definitely for private good, she said. We will not be making money off of this. It will cause hardship.
Thompson added that, even with help from Summit Carbon Solutions, local fire departments would still face financial challenges acquiring the equipment that would be needed to respond to a potential leak.
Robert Hexums fifth-generation farm has land south of Brookings near the Big Sioux River and Lake Campbell that is right along the proposed pipelines route. He spoke against eminent domain.
A carbon pipeline is not natural, but manmade. Its a choice. As farmers, ranchers, business people and property owners, we all have paid the privilege of owning land, he said. Using eminent domain is not an option for this pipeline to build. That is like going to the emergency room to have your toenails trimmed. This pipeline is one option to transport, not the only one. The cost is too high for the inhabitants of the land in which it is to be placed.
Contact Mondell Keck at [email protected].
Leave a Reply