RÉSUMÉ DIGEST
ACT 620 (HB 492) 2024 Regular Session Geymann
Prior law specified that the right of eminent domain cannot prejudice an owner's land or
mineral rights not acquired for a storage facility or necessary for use of acquired property.
New law clarifies that the protections afforded land owners relative to eminent domain
extend to all other uses not acquired for a storage facility or necessary for use of acquired
property.
Prior law provided for expropriation by the state or certain corporations, limited liability
companies, or other legal entities.
New law expands expropriation beyond corporate entities by providing for expropriation by
legal entities created for the purpose of, or engaged in the transportation of carbon dioxide
by pipeline for underground storage, including but not limited to through connecting to an
existing pipeline transporting carbon dioxide for underground storage, whether owned or
operated by the same entity, and which has received a certificate of public convenience and
necessity pursuant to the provisions of new law (R.S. 30:1107(B)).
Prior law authorized any domestic or foreign corporation, limited liability company, or other
legal entity engaged in specified activities to expropriate needed property.
New law requires enumerated business entities to be subject to any applicable limitations
contained in existing law and new law.
New law prohibits expropriation of reservoir storage rights for geologic storage of carbon
dioxide, except in connection with any project as to which existing law (R.S. 30:1108(B)(2))
is applicable.
Prior law defined "storage operator" as the person authorized by the commissioner to operate
a storage facility.
New law changes the definition of "storage operator" to mean the person recognized by the
commissioner as the operator of a proposed or existing storage facility.
New law clarifies the duties and powers of the commissioner as they relate to eminent
domain proceedings.
New law provides for issuance of certificates of public convenience and necessity to each
transporter of carbon dioxide applying therefore, whether or not such transporter is also the
storage operator for the laying, maintaining, and operating of a pipeline for the transportation
of carbon dioxide to a storage facility, and such rights necessary and incidental thereto, if
after a public hearing pursuant to the provisions of existing law, the commissioner
determines that it is or will be in the present or future public interest to do so.
New law provides that the exercise of eminent domain or expropriation powers under
existing law does not allow for the expropriation of reservoir storage rights for geologic
storage. Specifies that this prohibition against the use of expropriation of reservoir storage
rights for geologic storage does not apply to the exercise of expropriation powers in
connection with any parish as to which existing law is applicable.
New law will take effect and become operative if and when the Act originating as HB 966
of the 2024 R.S. is enacted and becomes effective.
Effective August 1, 2024.
(Amends R.S. 19:2(9) - (12) and R.S. 30:1103(12), 1104(C)(intro. para.), 1107, and
1108(A)(2) and (B)(1); Adds R.S. 30:1108(A)(3))


Statutes affected:
HB492 Original: 30:1108(B)(1)
HB492 Engrossed: 19:2(9), 30:1103(12), 30:1104(C), 30:1108(A)(2)
HB492 Reengrossed: 19:2(9), 30:1103(12), 30:1104(C), 30:1108(A)(2)
HB492 Enrolled: 19:2(9), 30:1103(12), 30:1104(C), 30:1108(A)(2)
HB492 Act 620: 19:2(9), 30:1103(12), 30:1104(C), 30:1108(A)(2)