HLS 22RS-372 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 267
BY REPRESENTATIVE RISER
PROPERTY/EXPROPRIATION: Provides relative to the existing right of a storage facility
operator to expropriate property for the purpose of drilling through a storage facility
in Caldwell Parish
1 AN ACT
2To amend and reenact R.S. 30:1108(B), relative to geological sequestration of carbon
3 dioxide; to provide relative to eminent domain; to provide for an exception to
4 eminent domain under certain circumstances in Caldwell Parish; and to provide for
5 related matters.
6 Notice of intention to introduce this Act has been published
7 as provided by Article III, Section 13 of the Constitution of
8 Louisiana.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 30:1108(B) is hereby amended and reenacted to read as follows:
11 ยง1108. Eminent domain; expropriation
12 * * *
13 B.(1) The Except as provided in Paragraph 2 of this Subsection, the exercise
14 of the right of eminent domain granted in this Chapter shall not prevent persons
15 having the right to do so from drilling through the storage facility in such manner as
16 shall comply with the rules of the commissioner issued for the purpose of protecting
17 the storage facility against pollution or invasion and against the escape or migration
18 of carbon dioxide. Furthermore, the right of eminent domain set out in this Section
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-372 ENGROSSED
HB NO. 267
1 shall not prejudice the rights of the owners of the lands or minerals not acquired for
2 the storage facility and not reasonably necessary for the use of the acquired property.
3 (2) The exercise of the right of eminent domain granted in this Section may
4 prohibit persons having the right to do so from drilling through the storage facility
5 located in Caldwell Parish only when the following requirements are satisfied:
6 (a) A period of five years has elapsed from the drilling or operation of any
7 oil or gas well within the boundaries of the storage facility to depths below the
8 underground reservoir component of the storage facility.
9 (b) All reservoirs below the underground reservoir component of the storage
10 facility that were drilled to and produced in any oil or gas well located within the
11 boundaries of the storage facility are no longer capable of producing minerals in
12 paying quantities.
13 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 267 Engrossed 2022 Regular Session Riser
Abstract: Provides relative to expropriation requirements of storage facilities in Caldwell
Parish.
Present law provides that any storage operator may exercise the power of eminent domain
and expropriate needed property for the purpose of constructing, operating, or modifying a
storage facility for the purpose of transporting carbon dioxide to a storage facility.
Present law provides that the exercise of the right of eminent domain shall not prevent
persons from having the right to drill through the storage facility in order to protect the
storage facility against pollution or invasion and against the escape or migration of carbon
dioxide.
Proposed law provides that in Caldwell Parish, persons may be prohibited from drilling
through a storage facility only when the following is satisfied:
(1)A period of five years has elapsed from the drilling or operation of any oil or gas
well within the boundaries of the storage facility to the underground reservoir below.
(2)All reservoirs that were drilled to and produced in any oil or gas well located within
the boundaries of the storage facility are no longer capable of producing minerals in
paying quantities.
(Amends R.S. 30:1108(B))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.