Montgomery County Board Adopts Resolution Opposing Eminent Domain for CO2 Pipelines

Montgomery County Board Meeting | March 10, 2026

Article Summary: In response to resident concerns over a proposed carbon sequestration project, the Montgomery County Board unanimously passed a resolution supporting state legislation that would prohibit carbon dioxide pipeline companies from utilizing eminent domain.

CO2 Pipeline Eminent Domain Resolution Key Points:

• The Board unanimously approved Resolution 2026-05 in support of Illinois SB2842.

• SB2842 seeks to amend the Public Utilities Act and the Carbon Dioxide Transportation and Sequestration Act to strip eminent domain powers from CO2 pipeline operators.

• Local residents reported that 8,300 acres in Audubon Township have already been leased for carbon sequestration.

The Montgomery County Board on Tuesday, March 10, 2026, took a formal stance against the forced acquisition of private land for carbon dioxide pipelines, unanimously passing a resolution in support of pending state legislation.

The Board approved Resolution 2026-05, which officially backs Illinois Senate Bill 2842. The state bill, introduced in the 104th Illinois General Assembly by Sen. Michael W. Halpin, seeks to amend both the Public Utilities Act and the Carbon Dioxide Transportation and Sequestration Act.

If passed at the state level, the bill would stipulate that a certificate of authority from the Illinois Commerce Commission does not grant an owner or operator of a carbon dioxide pipeline the authority to take and acquire an easement through the exercise of eminent domain powers.

The county’s resolution explicitly states that the members of the Montgomery County Board “remain steadfast in its support of the rights of owners of land” and have “raised serious and legitimate concerns regarding the public risk of pipelines transporting carbon dioxide for the purpose of sequestration.”

The Board’s action was heavily influenced by local advocacy groups. During the public comment portion of the meeting, Rick Graden, a committee member of Citizens Against Heartland Greenway, urged the board to endorse the legislation.

Graden informed the Board that 8,300 acres in Audubon Township have already been leased for carbon sequestration. According to documents provided to the board by the advocacy group, the use of eminent domain for CO2 pipelines creates an adversarial relationship, allowing private companies to threaten landowners into signing voluntary easements. The group also cited safety concerns, noting that CO2 is a toxic asphyxiant and that eliminating eminent domain would force companies to negotiate safer routing.

Development and Personnel Committee Chairman Chad Ruppert introduced the resolution to the floor, noting that his committee had reviewed the request earlier in the month. County Board Administrator Mike Plunkett read the resolution aloud before the Board approved it without dissent.