SSHB492 4461 5065
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 492 2024 Regular Session Geymann
PROPERTY/EXPROPRIATION: Provides relative to eminent domain
Synopsis of Senate Amendments
1.Makes technical changes.
2.Provides that proposed law will take effect and become operative if and when
the Act originating as HB 966 of the 2024 Regular Session is enacted and
becomes effective.
Digest of Bill as Finally Passed by Senate
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.
Present law provides for expropriation by state or certain corporations, limited liability
companies, or other legal entities. Proposed law adds to the provisions of present law by
providing for expropriation by legal entities created for the purpose of, or engaged in the
transportation of carbon dioxide by pipeline for underground storage, including but not
limited to through connecting to an existing pipeline transporting carbon dioxide for
underground storage, whether owned or operated by the same entity, and which has received
a certificate of public convenience and necessity pursuant to the provisions of proposed law
(R.S. 30:1107(B)).
Present law authorizes any domestic or foreign corporation, limited liability company, or
other legal entity engaged in activities provided in present law to expropriate needed
property.
Proposed law removes present law.
Proposed law prohibits expropriation of reservoir storage rights for geologic storage of
carbon dioxide, except in connection with any project as to which present law (R.S.
30:1108(B)(2)) is applicable.
Present law defines "storage operator" as the person authorized by the commissioner to
operate a storage facility.
Proposed law adds to the definition of "storage operator" by defining it as the person
authorized by the commissioner as the operator of a proposed or existing storage facility.
Proposed law clarifies the duties and powers of the commissioner as they relate to eminent
domain proceedings.
Proposed law provides for issuance of certificates of public convenience and necessity to
each transporter of carbon dioxide applying therefore, whether or not such transporter is also
the storage operator for the laying, maintaining, and operating of a pipeline for the
transportation of carbon dioxide to a storage facility, and such rights necessary and incidental
thereto, if after a public hearing pursuant to the provisions of present law, the commissioner
determines that it is or will be in the present or future public interest to do so.
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Proposed law provides that the exercise of eminent domain or expropriation powers under
present law does not allow for the expropriation of reservoir storage rights for geologic
storage. Specifies that this prohibition against the use of expropriation of reservoir storage
rights for geologic storage does not apply to the exercise of expropriation powers in
connection with any parish as to which present law is applicable.
Proposed law provides that proposed law will take effect and become operative if and when
the Act originating as HB 966 of the 2024 R.S. is enacted and becomes effective.
(Amends R.S. 19:2(9) - (12) and R.S. 30:1103(12), 1104(C)(intro. para.), 1107, 1108(A)(2)
and (B)(1); Adds R.S. 30:1108(A)(3))
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