For landowners who have fought to protect their property rights from carbon capture pipeline companies proposing routes across eastern South Dakota, the state’s latest move is seen as a major victory.
Governor Larry Rhoden signed House Bill 1052 into law this past Thursday, blocking companies like Summit Carbon Solutions from using eminent domain to seize private land for carbon capture pipelines. The legislation was supported by all three Moody County and District 25 lawmakers — Les Heinemann, Jon Hansen, and Tom Pischke — and was sponsored by both Hansen and Pischke.
The decision follows years of heated debate, legal battles, and grassroots resistance from farmers, ranchers, and other property owners who argued that private companies should not have the power to take land without consent.
Moody County landowners, including Clayton Rentschler, have been among the most vocal in the fight, and county officials were early leaders in establishing some of the state’s strictest landowner protection measures.
Rentschler says that the county is “very fortunate to have such good representation.”
Summit Carbon Solutions, which claims to have secured thousands of voluntary easements, insists the project isn’t over. Legal action is expected as the company explores its options.
In an open message to the company on his Facebook page, Hansen, as Speaker of the House, addressed just that: “Your green new deal boondoggle; your lawsuits; your threats; and your intimidation against our people, our counties, and our grassroots commissioners ARE NOT WELCOME HERE. It’s time to stop.”

He also pointed to the number of legislative seats lost in the last election due to lawmakers supporting previous efforts to push the pipeline project through.
Rural Colman residents Lora and Charlie Zwart were among those in Pierre for the hearings.
“Thank you to everyone who helped, whether you signed a petition, called or emailed legislators, attended information meetings, shared a Facebook post, NO on 21 VOTERS, we needed every little thing to get us where we are today,” Lora said.
“We can finally rest easy, knowing our property rights are protected! A big thank you to our wonderful District 25 legislators. Their support has been phenomenal.”
The Zwarts own land in Lake County that the new route would have crossed.
Summit’s proposed $8.9 billion pipeline would span nearly 700 miles of South Dakota as part of a larger 2,500-mile carbon capture network across the Midwest. The technology reportedly aims to reduce greenhouse gas emissions by capturing carbon dioxide (CO2) from industrial sources like ethanol plants, power plants, and factories before it enters the atmosphere.
The captured CO2 is then transported in gas form through pipelines and stored underground or used in other industrial processes.
Supporters argue carbon capture is crucial, especially for agriculture-related industries, as it allows them to reduce their environmental impact. Nearly 40% of the nation’s corn crop is made into ethanol and blended into most gasoline sold in the U.S.
Cleaner ethanol production is also seen as key to developing sustainable aviation fuel, which could have a significant economic impact on the region.
Some are now suggesting Summit reroute through Minnesota, where a small portion of the project has already been approved.
But resistance to carbon pipeline projects is growing across the Midwest. Several other states have faced pushback from landowners and lawmakers skeptical of using public power to support private ventures — Iowa has recently imposed additional regulatory hurdles, lawsuits have also been filed in Nebraska.
South Dakota’s new law marks a hard-fought win for landowners. Whether Summit will look to find another way forward remains to be seen.