March 28, 2024

Dakota Access begins ‘preconstruction’ on DAPL in Jasper County

Condemnation hearings with local landowners begin Thursday

Dakota Access, LLC has begun pre-construction activity west of Newton in preparation to lay 34 miles of crude oil pipeline through Jasper County.

This is a small segment of the larger 1,134-mile Dakota Access Pipeline which, once completed, will run through four states and link the North Dakota Bakken Oil Fields with a hub in Patoka, Ill. and gulf coast refineries.

The clearing of crops and brush from the pipeline route comes the same week in which condemnation hearings are scheduled to begin in Jasper County between Dakota Access — a subsidiary of Dallas-based Energy Transfer Partners — and local landowners who have not signed voluntary land use easements with the pipeline company.

Dick Gannon, an affected landowner who owns a corn and soybean acreage four miles west of Newton, told the Newton Daily News on Sunday that workers contracted by Dakota Access began clearing crops on the pipeline’s route through his land over the weekend.

The Iowa Utilities Board deemed these type of action “pre-construction” — clearing brush, crops, debris and staking the easement sites — and is permitted. The IUB provisionally approved Dakota Access’ construction permits for the Iowa segment of the $3.8 billion crude oil pipeline in March. They agreed in June to allow construction on the project to begin in areas where Dakota Access had obtained all necessary easements, state and federal permits.

The pipeline company is required by IUB permit stipulations to give landowners, county boards of supervisors and county inspectors a 14-day notice before beginning construction.

Gannon said he has about 7.5 acres that will be impacted by construction of the pipeline. He signed an easement with Dakota Access last winter.

Other landowners in the area also confirmed the pre-construction work had begun. At least two road crossings — one of Highway F48 West and another on West 62nd Street South — have been marked with flagged archways and have what appears to be temporary culverts covered in gravel to allow vehicle crossings, presumably for heavy equipment to enter the pipeline route.

Gannon said he has not yet been notified by Dakota Access when excavation and construction will begin on his property.

In an email sent Monday, Lisa Dillinger, a spokeswoman for a communications firm representing Dakota Access, addressed the statewide progress of the early stages of construction. These include staking, grading, clearing, temporary road construction, and building of temporary fences and gates.

“Some construction areas in southeast Iowa that began in early June are stringing and welding pipe,” Dillinger said. “It takes approximately 30 to 45 days to construct approximately 30 miles of pipe, not including restoration activities. As construction ramps up, there will be between 500 to 800 construction workers per spread, with a total up to 4,000 union workers in each state. We plan to have the pipeline in service by the end of this year.”

Dillinger declined to address any construction timeline specifics for Jasper County.

As of July 7, the Jasper County Sheriff’s Office reported five landowners in Jasper County had not signed voluntary easements with Dakota Access — one near Mingo and four near Reasnor and the Marion County Line. This week representatives for the first of these landowners will meet with representatives of Dakota Access in front of the Jasper County Condemnation Commission to negotiate a fair easement price for the affected portion of their land.

The condemnation commission is appointed by the board of supervisors annually and has no less than 28 commissioners. It is coordinated by Jasper County Sheriff John Halferty.

The commission is comprised by an even number of city property owners, agricultural property owners real estates salespersons or brokers and citizens who have knowledge of local property values. This is according to procedural information provided by the Jasper County Sheriff’s Office.

The commissioners will meet with landowners and Dakota Access representatives on the parcel where the easement is being requested to answer any questions. After information is gathered, commissioners will have the option to deliberate in private. Once a decision on compensation is made the parties will have 30 days from the mailing date for the “notice of appraisement, damages and time for appeal” to file an appeal.

The landowner has the option to bow out at any time in the hearing process in favor of a private negation with the condemnation applicant.

Halferty suggested adding six members to the commission during a March board of supervisors meeting, preferably people with an agricultural background, in anticipation of hearings dealing with both the Bakken Pipeline and Highway 330 interchange.

The commissioners receive $200 per day compensation plus mileage and meal costs are paid by the plaintiff in the case being heard.

— Reporter Jason W. Brooks contributed to this article.

Contact Mike Mendenhall at mmendenhall@newtondailynews.com