ENROLLED
2022 Regular Session
HOUSE BILL NO. 267
BY REPRESENTATIVE RISER AND SENATOR WOMACK
1 AN ACT
2 To 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.
9 Be 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
19 shall not prejudice the rights of the owners of the lands or minerals not acquired for
20 the storage facility and not reasonably necessary for the use of the acquired property.
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are additions. HB NO. 267 ENROLLED
1 (2) The exercise of the right of eminent domain granted in this Section may
2 prohibit persons having the right to do so from drilling through the storage facility
3 located in Caldwell Parish only when the following requirements are satisfied:
4 (a) A period of five years has elapsed from the actual drilling or operation
5 of any oil or gas well within the boundaries of the storage facility to depths below
6 the base of the underground reservoir component of the storage facility as
7 determined by the commissioner of conservation.
8 (b) All reservoirs below the underground reservoir component of the storage
9 facility that were drilled to and produced in any oil or gas well located within the
10 boundaries of the storage facility are no longer capable of producing minerals in
11 paying quantities as determined by the commissioner of conservation.
12 (3) If a party who has the right to explore for and produce minerals from
13 depths below the base of the underground reservoir component of the storage facility
14 is prohibited from drilling through the storage facility under Paragraph (2) of this
15 Subsection by the exercise of the right of eminent domain granted in this Section,
16 that prohibition shall terminate upon a finding by the commissioner, after notice and
17 hearing conducted in accordance with R.S. 30:1105(C), that the storage facility
18 operator abandoned all reasonable efforts to use, or cause others to use, the storage
19 facility prior to any use of the underground reservoir component of the storage
20 facility for the storage of carbon dioxide.
21 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.