House Concurrent Resolution No. by Representative Owen authorizes the Louisiana State Law Institute to conduct a study on the implications of the Louisiana Supreme Court's decision in the case of Plaquemines Port Harbor and Terminal District v. Nguyen. The court ruled that the expropriation of private property by a public port authority for the exclusive use of a private company was unconstitutional, as it did not meet the "public purpose" requirement outlined in Article I, Section 4 of the Louisiana Constitution. This ruling raises concerns about the constitutionality of the eminent domain provisions established in the Louisiana Geologic Sequestration of Carbon Dioxide Act, which allows private entities to expropriate land for carbon dioxide storage.

The resolution directs the Louisiana State Law Institute to evaluate whether the expropriation authority granted to private entities under the 2009 and 2020 Acts aligns with the constitutional requirements and to consider potential amendments or repeals to mitigate legal vulnerabilities. The Institute is tasked with submitting a comprehensive report of its findings and recommendations to the relevant legislative committees by February 1, 2027, to address the ongoing uncertainties that could lead to litigation and impact the carbon capture and storage industry in Louisiana.