HLS 24RS-885 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 492
BY REPRESENTATIVE GEYMANN
PROPERTY/EXPROPRIATION: Provides relative to eminent domain
1 AN ACT
2To amend and reenact R.S. 30:1108(B)(1), relative to expropriation; to clarify the rights of
3 owners of land as it relates to eminent domain; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 30:1108(B)(1) is hereby amended and reenacted to read as follows:
6 ยง1108. Eminent domain; expropriation
7 * * *
8 B.(1) Except as provided in Paragraph (2) of this Subsection, the exercise of
9 the right of eminent domain granted in this Chapter shall not prevent persons having
10 the right to do so from drilling through the storage facility in such manner as shall
11 comply with the rules of the commissioner issued for the purpose of protecting the
12 storage facility against pollution or invasion and against the escape or migration of
13 carbon dioxide. Furthermore, the right of eminent domain set out in this Section
14 shall not prejudice the rights of the owners of the lands or minerals as to all other
15 uses not acquired for the storage facility and not reasonably necessary for the use of
16 the acquired property.
17 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-885 ORIGINAL
HB NO. 492
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 492 Original 2024 Regular Session Geymann
Abstract: Clarifies the rights of land owners relative to eminent domain.
Present law specifies that the right of eminent domain cannot prejudice an owner's land or
mineral rights not acquired for a storage facility or necessary for use of acquired property.
Proposed law clarifies that the protections afforded land owners in present law extend to all
other uses not acquired for a storage facility or necessary for use of acquired property.
(Amends R.S. 30:1108(B)(1))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.