Keith Puntenney, Laverne I. Johnson, Richard R. Lamb, Marian D. Johnson, Northwest Iowa Landowners Association, Iowa Farmland Owners Association, Inc., and the Sierra Club Iowa Chapter v. Iowa Utilities Board, and Office of Consumer Advocate and The Main Coalition, and Dakota Access, LLC

WIGGINS, Justice (concurring in part and dissenting in part).

I dissent from the majority's conclusion that the use of eminent domain does not violate the Iowa Constitution. I agree with the majority that incidental economic benefits alone are not enough for a taking to qualify as "for public use" under article I, section 18. However, I disagree that the Dakota Access pipeline fits within the "common carrier exception" for purposes of the Iowa Constitution. I also find fault in Dakota Access's use of eminent domain because it is unrelated to the purpose of the applicable…