Spencer, IA (KICD)– A Clay County man has won a court battle with a pipeline company that sued over property access for surveying.

Navigator Heartland Greenway filed suit against Martin Koenig after the landowner refused to give the company access to his land to survey for a proposed carbon dioxide pipeline.

In a decision rendered on Wednesday, District Court Judge John Sandy believes surveys being authorized without consent of the property owner is unconstitutional at both the state and federal level.

A spokesperson for Navigator Heartland Greenway says the company plans to appeal the decision on the basis that nearby states have found laws that are constitutional on this type of matter.