A new law in South Dakota prohibiting the use of eminent domain to acquire land for carbon capture pipelines challenges the viability of a proposed project snaking through five Midwest states.

The legislation would prohibit carbon pipeline companies from acquiring land by eminent domain. That’s the right to access private property for projects that benefit the public, with just compensation determined by a court. Eminent domain is commonly used for projects such as electrical power lines, water pipelines, oil pipelines and highways.