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HB 729: Removes eminent domain authority for carbon dioxide sequestration

Highlights

Abstract: Removes authority of carbon dioxide storage facility owners and operators to use eminent domain to acquire property or rights without the property owner's consent.


Present law provides for expropriation by the state and other specified legal entities. (R.S. 19:2) Proposed law retains present law.


Present law authorizes expropriation by corporations, limited liability companies, and other business entities engaged in the injection of carbon dioxide for underground storage. (R.S. 19:2(12))


Proposed law repeals present law.


Present law requires the commissioner of conservation to make certain findings prior to the use of a reservoir for carbon dioxide storage or the exercise of eminent domain by a storage facility operator. (R.S. 30:1104(C))


Proposed law retains the required findings for the use of a reservoir, but removes language referencing the exercise of eminent domain.


Present law provides the purposes for which eminent domain may by exercised by storage facility operators, compensation for damage to public roads, the effect of expropriation on others' right to drill, and civil procedures for eminent domain proceedings. (R.S. 30:1108)


Proposed law repeals present law.

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