§ 32-24-5-4 — Rights appropriated and condemned; compensation paid

Indiana § 32-24-5-4

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 24: EMINENT DOMAIN
• Ch. 5: Eminent Domain for Gas or Carbon Dioxide Storage

Text

Only the rights in land necessary for use in
connection with:
(1) the underground storage of gas and those subsurface strata
adaptable for underground storage of gas; and
(2) the carbon sequestration pilot project established under IC 14-39-1;
may be appropriated and condemned under this chapter. Rights in the
subsurface of land constituting a part of a geological structure are
deemed necessary to the operation of an underground storage reservoir
in the structure. In determining the compensation to be paid to the
owner of an oil producing stratum, or interest in the stratum,
condemned under this chapter, proof may be offered and consideration
must be given to potential recovery, if any, of oil from a stratum by
secondary or other subsequent recovery processes in addition to
potential recovery by a primary process.
[Pre-2002 Recodification Citation: 32-11-4-4.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.291-2019, SEC.15.