In takings case, transport of CO₂ was not a commodity or for public use, and certain surveys constitute takings.

The article discusses a legal case involving SCS Carbon Transport LLC, which is developing a pipeline network to transport carbon dioxide (CO2) across multiple states, including South Dakota. The South Dakota Public Utilities Commission denied SCS's siting permit application due to violations of county ordinances, prompting SCS to notify landowners of its intent to conduct precondemnation surveys without consent. Affected landowners challenged SCS's authority, arguing that the surveys constituted a taking under the Takings Clause, while SCS sought to affirm its right to conduct the surveys as a common carrier. The court ultimately remanded the case to determine whether SCS qualifies as a common carrier and to assess the constitutionality of the proposed survey activities, concluding that certain invasive surveys would constitute a taking of property rights. [Extracted from the article]