§ 14-39-2-12 — Recovery of public utility; claim of subsurface trespass

Indiana § 14-39-2-12

• Jurisdiction: Indiana
• Art. 39: CARBON DIOXIDE
• Ch. 2: Underground Storage of Carbon Dioxide

Text

(a) Nothing in this section prohibits recovery
by a public utility for any impact on a source of the public water supply
from a carbon sequestration project.
(b) A claim of subsurface trespass shall not be actionable against a
storage operator conducting carbon sequestration in accordance with
a valid UIC Class VI permit and a permit issued by the department for
a carbon sequestration project, unless the claimant proves that injection
or migration of carbon dioxide:
(1) is injurious to health, indecent, offensive to the senses, or an
obstruction to the free use of property so as essentially to interfere
with the comfortable enjoyment of life or property; or
(2) has caused direct physical injury to a person, an animal, or
tangible property.
(c) A surface or subsurface property interest holder shall be
permitted to recover money damages only for the loss of a
nonspeculative value resulting from the injection and migration of
carbon dioxide beyond the storage facility.
(d) A surface or subsurface property interest holder may seek
punitive damages in accordance with IC 34-51-3-4 only if the storage
operator violates the requirements of the UIC Class VI permit or acts
with reckless disregard of public safety.

Legislative History

As added by P.L.163-2022, SEC.2.