§ 14-39-2-3 — Rights to pore space

Indiana § 14-39-2-3

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

Text

(a) Before July 1, 2022, this chapter does not
alter, amend, diminish, or invalidate ownership of the pore space of
real property that has been divided into a surface estate and a mineral
estate where ownership of the pore space was acquired or reserved by
conveyance document. Any ownership rights to pore space that were
not expressly or by implication acquired or reserved by conveyance
document remain vested in the surface estate.
(b) After June 30, 2022, the ownership of pore space is vested in the
surface estate of real property that is divided into a surface estate and
a mineral estate unless such rights are explicitly acquired by
conveyance document.
(c) This chapter does not alter, amend, diminish, or invalidate
common law established prior to July 1, 2022, regarding the rights to
or dominance of a mineral estate, or the implied or express right of a
mineral owner or mineral lessee for the use of pore space.
(d) A grant of:
(1) an easement to use; or
(2) a lease of;
pore space for carbon sequestration is in perpetuity if specified by an
easement or lease. Unless an individual who obtains an easement or
lease operates carbon dioxide injection not later than twenty (20) years
after obtaining the easement or lease, interest shall lapse, extinguish,
and revert to the owner of the surface estate.

Legislative History

As added by P.L.163-2022, SEC.2. Amended by P.L.9-2024, SEC.360.