March 19, 2024

Pipeline activist pleads guilty to trespass after State Capitol sit-in

DES MOINES — Former Democratic state representative turned talk radio host Ed Fallon pleaded guilty Wednesday in Polk County District Court to criminal trespass, stemming from his May 18 arrest during a sit-in at Gov. Terry Branstad's office at the Iowa Capitol Building in Des Moines. The sit-in was in protest of the development of the proposed Bakken Oil Pipeline.

The Des Moines Democrat informed the governor's staff during the 1:30 p.m. event last week that he would not leave the office until Branstad spoke with him regarding Senate File 506 and House Study Bill 249 — legislation intended to strengthen Iowa's eminent domain laws, making it more difficult for the oil pipeline company to acquire private property for the project.

Fallon has been one of the leading voices in opposition to a 1,134-mile, 30-inch diameter oil pipeline that would carry 570,000 barrels of crude oil per day from North Dakota through portions of South Dakota and Iowa to a hub in Patoka, Ill. The project was proposed by Dakota Access, LLC — a subsidiary of Texas-based company Energy Transfer Partners — in July of last year. More than 34 miles of the planned 343.43 mile Iowa segment is slated to run through Jasper County.

Fallon and his attorney Joseph Glazebrook made statements to supporter and press on the south steps of the Polk County Courthouse an hour before his 2 p.m court date. Glazebrook called Dakota Access's attempts to gain property easements from Iowa landowners "legalized theft" and criticized what the men called "aggressive tactics" by the pipeline company.

“I think legally, if we see a challenge under Iowa law, the case could be made there is no justification for a private oil company — a private pipeline company — being able to use the public’s power of eminent domain," Fallon said.

Fallon cited an unnamed landowner he spoke with Wednesday morning who, Fallon said, has successfully kept pipeline representatives off their land through intervention from legal counsel.

"The pipeline company officials seem to think they have the right to come in and trespass, basically. Often times farmers discover (pipeline reps) there without having any idea they’re coming," Fallon said. "If they don’t get their way they come back again. Yet, here I am getting arrested for trespassing in the governor's office. (The landowner) found it to be a little disturbing that farmers have no protection against this company coming in when ever they want.”

The former state representative made similar claims about Dakota Access land representatives trespassing on private property during his 400-mile walk along the proposed pipeline route and in a March 14 community meeting in Mingo. Affected Mingo landowner Bill Gannon made a similar claim during an interview with the Jasper County Tribune in November 2014, alleging surveyors for the Dakota Access were found on his 900-acre row crop operation after the farmer and former Iowa House minority leader had denied them entrance.

SF 506 — which has passed a subcommittee and is currently eligible for debate in the full Iowa Senate — would require Dakota Access to acquire 75 percent of property easements voluntarily before the Iowa Utilities Board could allow the use of eminent domain to build the remaining 25 percent of the pipeline's Iowa segment. It would also require the pipeline company to purchase $500,000 of hazardous cleanup insurance per affected county. Current Iowa law only requires Dakota Access to purchase $250,000 of insurance for the project in total.

Both SF 506 and HSB 249 have until the Iowa General Assembly adjourns to pass both chambers and be signed by the governor. Iowa lawmakers are currently in their fourth week of overtime for the 2015 session.

Fallon's sit-in and arrest come days after Dakota Access confirmed a contracted procurement company has been transporting pieces of 30-inch diameter pipeline into a staging field just 3-miles east of Newton, anticipating IUB approval of the project.

The maximum sentence for misdemeanor trespassing in Iowa is a 30-day prison term. A Polk County Judge sentenced Fallon to time already served Wednesday. Fallon served one night in the Polk County Jail following his arrest and posted a $300 bond May 19. Glazebrook told reporters during the 12:45 p.m. press conference he and his client did not anticipate the court to require more jail time due to the former lawmaker's lack of past offenses.

Contact Mike Mendenhall at mmendenhall@jaspercountytribune.com