Section 601.401 - Appropriation of interest in real property(a) Any and all corporations empowered to transport, sell or store, natural or manufactured gas, within this Commonwealth, shall have the right, subject to the following limitations, to appropriate interests in real property located within the storage reservoir and the reservoir protective area for the injection, storage and removal from storage of natural or manufactured gas in any stratum which is or previously has been commercially productive of natural gas. The right of eminent domain shall not be exercised to acquire for the purpose of gas storage:(1) any interest in any geological stratum within the area of the proposed storage reservoir and the reservoir protective area, unless the original recoverable oil or gas reserves within such proposed storage reservoir have been depleted or exhausted by at least 80% and unless and until the condemnor shall have acquired the right by grant, lease or other agreement to store gas in the said geological stratum underlying at least 75% of the area of the proposed storage reservoir; or(2) any interest in any geological stratum within the area of the proposed storage reservoir and the reservoir protective area owned directly or indirectly by a gas company or by a person engaged in the local distribution of natural gas which interest is being used by such gas company or by such person for present storage of gas in the performance of service to customers within its service area.(b) This act shall be construed to authorize appropriation within the storage reservoir and the reservoir protective area of the stratum to be used for storage, any gas reserve remaining therein and any active or abandoned well or wells drilled into said stratum and further to authorize the appropriation within the storage reservoir and the reservoir protective area of the right to enter upon and use the surface of lands for the purpose of locating, reconditioning, maintaining, plugging or replugging any active or abandoned wells or operating any wells drilled into or through said storage stratum. This act shall not be construed, however, to preclude the owner of nonstorage strata from the drilling of wells for the purpose of producing oil or gas from any stratum above or below the storage stratum appropriated by such corporation, but the corporation appropriating or holding storage rights shall have access to and the right to inspect and examine any such drilling or completed well and the drilling logs and all other records relating to the drilling, equipping or operating of such well for the purpose of determining whether the storage stratum is being adequately protected to prevent the escape of gas stored therein. This act shall not authorize the appropriation of any coal or coal measure whether or not being mined or any interest therein.(c) Any person drilling, operating, using or plugging any well through any stratum which has been appropriated under this act shall so drill, case, equip, operate or plug the same as to prevent any avoidable escape of gas that may be stored in the storage stratum. Upon failure, neglect or refusal of such person or persons to comply with this section, the court of common pleas of the county in which the tract of land is situated shall have the power to compel compliance by injunction or to grant other appropriate relief upon action brought by the corporations storing gas in the storage stratum.(d) Prior to any appropriation, the corporation shall attempt to agree with the owner or owners of the interests in real property involved as to the damage properly payable for the property rights or interests to be appropriated in or on his, her or their property, if such owner or owners can be found and are sui juris. Failing to agree, the corporation shall tender to the property owner or owners a surety bond to secure him, her or them in the payment of damages. If the owner or owners refuse to accept said bond or cannot be found or are not sui juris, said bond, after reasonable notice to the property owner or owners by advertisement or otherwise, shall then be presented for approval to the court of common pleas of the county in which the tract of land is situated. Upon the approval of the bond and its being filed in said court, the right of the corporation to enter upon the enjoyment of the powers given it by this act to store gas and to enter on the property for the purpose of locating, reconditioning, maintaining, plugging or replugging any active or abandoned wells or operating any wells drilled into or through said storage stratum within the storage reservoir boundary or within the reservoir protective area shall be complete.(e) Upon petition of either the property owner or owners or the corporation exercising the right of eminent domain hereunder, said court shall appoint three disinterested freeholders of the country to serve as viewers to assess the damages proper to be paid to the property owner or owners for the rights appropriated by said corporation and shall fix a time for their meeting of which notice shall be given to both parties. After the viewers have filed their report with the court, said court shall fix reasonable compensation for the service of said viewers.(f) Either party may appeal from the report of the viewers within 20 days after the filing thereof with the court of common pleas and have a jury trial and the right of appeal as in ordinary cases.(g) Nothing contained in this section shall relieve the person operating a storage reservoir from the requirements of this act.1984, Dec. 19, P.L. 1140, No. 223, § 401, effective in 120 days.