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 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

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Terms Used In Indiana Code 14-39-1-7

  • carbon dioxide: means a fluid consisting of more than ninety percent (90%) carbon dioxide molecules. See Indiana Code 14-39-1-1
  • 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. See Indiana Code 14-39-1-2
  • carbon sequestration pilot project: refers to the pilot project described in section 3. See Indiana Code 14-39-1-2.4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • 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. See Indiana Code 14-39-1-2.5
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(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.

As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.6.

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