Louisiana 2024 Regular Session

Louisiana House Bill HB492

Introduced
3/1/24  
Introduced
3/1/24  
Refer
3/1/24  
Refer
3/1/24  
Refer
3/11/24  
Report Pass
4/9/24  
Engrossed
4/17/24  
Engrossed
4/17/24  
Refer
4/22/24  
Refer
4/22/24  
Report Pass
5/1/24  
Report Pass
5/1/24  
Enrolled
6/2/24  
Enrolled
6/2/24  
Chaptered
6/11/24  
Chaptered
6/11/24  
Passed
6/11/24  

Caption

Provides relative to eminent domain

Impact

The implications of HB 492 on state laws are significant, particularly in the context of environmental policy and land use. It explicitly prohibits the expropriation of reservoir storage rights for geological storage of carbon dioxide, which aligns with current environmental considerations and showcases an effort to balance industrial interests with landowner rights. This legislation forms part of the state's regulatory framework to manage carbon capture and storage projects, catering to growing environmental concerns while facilitating the energy sector's transition toward cleaner practices.

Summary

House Bill 492 aims to amend certain statutes related to eminent domain and property expropriation in Louisiana, specifically concerning carbon dioxide storage. The legislation clarifies the rights of landowners and establishes the legal framework for prioritizing negotiations with property owners before any expropriation actions can occur. The bill further details which entities, including certain corporations and limited liability companies, have the authority to expropriate land necessary for carbon dioxide storage and transportation, assuming they have received the necessary public convenience and necessity certificates from state authorities.

Sentiment

The overall sentiment surrounding the bill is generally supportive among stakeholders in the energy sector, as it provides a clearer path for the development of carbon storage facilities, which are increasingly viewed as vital for achieving sustainability goals. However, concerns persist regarding the potential for overreach and the practices surrounding eminent domain, particularly from landowner advocacy groups who emphasize the importance of protecting individual property rights. The balance between public interest and private property rights remains a contentious issue.

Contention

Notable points of contention include the potential impacts on landowners' rights and the limits of expropriation consent. While proponents argue that the bill enhances clarity and facilitates necessary infrastructure for carbon storage projects, critics may raise concerns about the adequacy of protections for landowners against aggressive expropriation practices. This discourse highlights the ongoing debate between economic development and maintaining the integrity of private property rights within the regulatory environment of Louisiana.

Companion Bills

No companion bills found.

Previously Filed As

LA HB10

Removes eminent domain authority of carbon dioxide storage facility operators

LA HB571

Provides relative to carbon capture and sequestration (EN SEE FISC NOTE LF RV)

LA HB455

Provides relative to rights in minerals

LA HB602

Provides relative to broadband (OR NO IMPACT See Note)

LA HB220

Provides relative to actions to determine ownership or possession

LA HB295

Provides relative to the Lake Charles North Redevelopment Authority (OR INCREASE LF RV See Note)

LA HB335

Creates the North Lake Charles Economic Development District and provides relative to the Southside Economic Development District of the City of Monroe

LA SB53

Provides for the powers and authority of the commission of the Cane River Waterway District. (8/1/23)

LA HB423

Provides relative to state and local sales and use taxes (OR INCREASE GF RV See Note)

LA HB239

Provides relative to certain assets and transactions subject to the Uniform Commercial Code

Similar Bills

LA HB601

Provides relative to carbon dioxide sequestration

LA HB553

Prohibits the exercise of eminent domain or unitization for a pipeline that carries carbon dioxide

LA HB380

Removes eminent domain authority for carbon dioxide sequestration

LA SB353

Provides for carbon sequestration. (8/1/20)

LA HB274

Provides relative to expropriation

LA SCR172

Requests the office of conservation, in conjunction with the Public Service Commission, to study landowner's rights concerning expropriation or condemnation for the purpose of construction and operation of pipelines transporting any form of hydrocarbon in a liquid or gaseous state.

LA HB998

Provides for pipelines transporting hydrogen

LA HB1281

Provides for pipeline disclosures and registrations