§ 14-39-1-18 — Nonbinding mediation; procedures; costs; consolidated requests; cause of action; remedies

(a) If a person who claims ownership of pore
space described in section 17 of this chapter is unable to reach an
agreement with the pilot project operator concerning the acquisition,
lease, or occupancy of the pore space, the person may file a request for
nonbinding mediation of the dispute before a single mediator qualified
under Rule 2.5 of the Indiana Supreme Court Rules for Alternative
Dispute Resolution.
(b) If the person who claims ownership of the pore space files a
request for mediation under subsection (a), the mediation shall occur
as follows:
(1) A demand for mediation must be:
(A) in writing; and
(B) served upon all other parties.
(2) Not later than thirty (30) days after the date on which the
demand for mediation is served under subdivision (1), the parties
shall mutually select an independent mediator.
(3) If the parties are unable to agree on the selection of a
mediator, a mediator shall be appointed, upon motion of a party,
by a judge of the Vigo County Circuit Court.
(4) After a mediator is selected under subdivision (2) or appointed
under subdivision (3), the parties shall meet with the mediator for
the purpose of attempting to resolve the dispute. The mediator
shall determine:
(A) a time period within which the meeting required under this
subdivision must occur; and
(B) a location within Indiana for the meeting.
The mediator may extend the period within which the meeting
must occur for good cause shown by a party or upon stipulation
of the parties.
(5) The mediation must be concluded not later than ninety (90)
days after the mediator is selected under subdivision (2) or
appointed under subdivision (3).
(6) The costs of a mediation under this subsection shall be borne
by the pilot project operator.
(7) The pilot project operator may consolidate multiple requests
for mediation into one (1) or more mediation proceedings.
(8) The following apply to a mediation conducted under this
subsection:
IC 4-21.5-3.5-4
IC 4-21.5-3.5-13
IC 4-21.5-3.5-16 through IC 4-21.5-3.5-19
IC 4-21.5-3.5-20(b) and IC 4-21.5-3.5-20(c)
IC 4-21.5-3.5-23
IC 4-21.5-3.5-24
IC 4-21.5-3.5-26
IC 4-21.5-3.5-27.
If the parties are not able to reach an agreement as to the assessment of
compensation through a mediation under this subsection, the case shall
proceed as described in subsection (c).
(c) If a person who claims ownership of pore space described in
section 17 of this chapter is unable to reach an agreement with the pilot
project operator concerning the acquisition, lease, or occupancy of the
pore space through negotiation or mediation, the person may pursue a
civil action against the pilot project operator. A civil action described
in this subsection may be brought only under this section.
(d) Except as provided in subsections (e) and (f), unless otherwise
agreed to by the person who claims ownership of the pore space and
the pilot project operator, in a civil action under this section a court
may not grant:
(1) injunctive relief or an order of possession; or
(2) monetary relief that exceeds the fair market value of pore
space in Indiana.
(e) Monetary recovery may not be limited under subsection (d) in a
civil action under this section if the claimant pleads and proves direct
and tangible physical injury or damage to:
(1) a person;
(2) tangible property; or
(3) an animal.
(f) This section does not limit monetary recovery by a public utility
for any effect of the carbon sequestration pilot project on the sources
of the public water supply used by the public utility.

Legislative History

As added by P.L.53-2023, SEC.6.