Section 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.
Amended by P.L. 291-2019,SEC. 6, eff. 7/1/2019.Added by P.L. 150-2011, SEC. 18, eff. 5/10/2011.