§ 14-39-1-7 — Right of pipeline company or pilot project operator to use eminent domain

(a) If a carbon dioxide transmission pipeline
company has received a carbon dioxide transmission pipeline
certificate of authority from the department under this chapter and is
not able to reach an agreement with a property owner for the
construction, operation, and maintenance of the carbon dioxide
transmission pipeline on the owner's property, the company may
proceed to condemn a right-of-way or an easement necessary or useful
for:
(1) constructing, maintaining, using, operating, and gaining
access to a carbon dioxide transmission pipeline and all necessary
machinery, equipment, pumping stations, appliances, and fixtures
for use in connection with the carbon dioxide transmission
pipeline; and
(2) obtaining all necessary rights of ingress and egress to
construct, examine, alter, repair, maintain, operate, or remove a
carbon dioxide transmission pipeline and all of its component
parts.
(b) If the operator of the carbon sequestration pilot project is not
able to reach an agreement with an owner of property to acquire:
(1) ownership of underground strata or formations located under
the surface of the property for purposes of the underground
storage of carbon dioxide; or
(2) ownership or other rights to one (1) or more areas of the
surface of the property for purposes of establishing and operating
monitoring facilities required by the United States Environmental
Protection Agency for the underground storage of carbon dioxide;
that are needed for the carbon sequestration pilot project, the operator
of the carbon sequestration pilot project may exercise the power of
eminent domain under IC 32-24-1 and IC 32-24-5 to make the needed
acquisition.

Legislative History

As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.6.