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Legal Issues

Hearing scheduled to address Dakota Access Pipeline construction suspension - August 11, 2016

A hearing is scheduled for Friday, August 19, and will address the emergency motion filed on August 9 to prevent construction of the Dakota Access Pipeline across the property of fifteen Iowa landowners while a lawsuit remains pending in Polk County District Court.


The lawsuit asks whether a private company, which provides no service to Iowans, may use the state’s power of eminent domain to seize land from Iowa citizens for its private use.


As construction along the pipeline started in July, attorney Bill Hanigan asked the court for an expedited review.


Earlier this year, the Iowa Utilities Board ruled that Dakota Access may use the state’s power of eminent domain and could proceed with its proposed oil pipeline.


Mr. Hanigan argues that the Iowa Utilities Board misinterpreted Iowa law, specifically the 2006 law designed to protect Iowa farmland and the United States Constitution. The landowners believe that Dakota Access is not a public utility and should not have the ability to use eminent domain to forcibly access Iowa landowners’ property to build a private pipeline.

Hearing details

  • When: Friday, August 19, 1:00 p.m.

  • Where: Polk County Courthouse, room 310