US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Indiana Code » Title 14. Natural and Cultural Resources » Article 39. Carbon Dioxide » Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide

14-39-1-1. “Carbon Dioxide”

Sec. 1. As used in this chapter, “carbon dioxide” means a fluid consisting of more than ninety percent (90%) carbon dioxide molecules. As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.1.

14-39-1-10. Disclosure of Pipeline’s Actual Route

Sec. 10. Not later than one hundred eighty (180) days after the completion of a carbon dioxide transmission pipeline for which the department has issued a certificate of authority under this chapter, the carbon dioxide transmission pipeline company shall provide maps and other documentation to the department showing the actual route in Indiana of the […]

14-39-1-11. Administrative Review

Sec. 11. A determination of the department under section 4(e)(2) of this chapter is subject to administrative review under IC 4-21.5. As added by P.L.150-2011, SEC.18.

14-39-1-12. Disposition of Fee Revenue Generated

Sec. 12. The department shall deposit fee revenue received under section 4(a)(1) of this chapter in the oil and gas environmental fund established by IC 14-37-10-2. As added by P.L.150-2011, SEC.18.

14-39-1-14. Possible State Assumption of Ownership From Pilot Project Operator

Sec. 14. (a) Because the public interest would be served by the state of Indiana succeeding to the rights of a person that has conducted the underground storage of carbon dioxide, the state of Indiana, upon the recommendation of the director of the department and review by the state budget committee, may obtain ownership of: […]

14-39-1-15. No Effect Upon Oil, Gas, and Coal

Sec. 15. (a) Notwithstanding any other law, nothing in this chapter may be construed to apply to extractable mineral resources. (b) The rights and requirements of this chapter: (1) are subordinate to the rights pertaining to oil, gas, and coal reserves; and (2) shall in no way adversely affect oil, gas, and coal reserves. (c) […]

14-39-1-2. “Carbon Dioxide Transmission Pipeline”

Sec. 2. As used in this chapter, “carbon dioxide transmission pipeline” means the part of a pipeline in Indiana, including appurtenant facilities, property rights, and easements, that is used exclusively for the purpose of transporting carbon dioxide to a carbon management application, including sequestration, enhanced oil recovery, and deep saline injection, within or outside Indiana. […]

14-39-1-2.5. “Underground Storage of Carbon Dioxide”

Sec. 2.5. As used in this chapter, “underground storage of carbon dioxide” means the injection of carbon dioxide into, and storage of carbon dioxide in, underground strata and formations at the site of the carbon sequestration pilot project, as described in section 3.5 of this chapter, pursuant to one (1) or more federal permits issued […]

14-39-1-3.5. Carbon Sequestration Pilot Project

Sec. 3.5. (a) This chapter authorizes the establishment of a carbon sequestration pilot project: (1) that will: (A) capture carbon dioxide at the proposed ammonia plant to be located at 444 West Sanford Avenue, West Terre Haute, Indiana; and (B) inject the carbon dioxide underground through one (1) or more injection wells pursuant to a […]

14-39-1-5. Confidential Information

Sec. 5. (a) Except as provided in subsection (b), if a carbon dioxide transmission pipeline company files with the department a verified certificate stating the reasons that the designation of confidential information is necessary, the carbon dioxide transmission pipeline company may designate information that it submits in an application to the department, or in subsequent […]

14-39-1-6. Issuing a Certificate of Authority

Sec. 6. A certificate of authority issued by the department under this chapter must include at least the following: (1) A grant of authority to construct and operate a carbon dioxide transmission pipeline as requested in the application. (2) A grant of authority to use, occupy, and construct pipeline facilities in any designated public right-of-way […]

14-39-1-7. Right of Pipeline Company or Pilot Project Operator to Use Eminent Domain

Sec. 7. (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 […]

14-39-1-8. Applicable Eminent Domain Statutes

Sec. 8. (a) Except as otherwise provided in this chapter, IC 32-24-1 applies to the condemnation of property under section 7(a) of this chapter by a carbon dioxide transmission pipeline company. (b) IC 32-24-5 and (pursuant to IC 32-24-5-5) IC 32-24-1 apply to the condemnation of property under section 7(b) of this chapter by the […]

14-39-1-9. Compensation for Exercise of Eminent Domain by Pipeline Company

Sec. 9. A carbon dioxide transmission pipeline company that exercises the authority set forth in section 7(a) of this chapter shall: (1) compensate the property owner by making a payment to the owner equal to: (A) one hundred twenty-five percent (125%) of the fair market value of the interest in the property acquired, if the […]