Bill Text: IN SB0115 | 2010 | Regular Session | Amended
Bill Title: Eminent domain for carbon dioxide pipeline.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2010-02-02 - First reading: referred to Committee on Commerce, Energy, Technology and Utilities [SB0115 Detail]
Download: Indiana-2010-SB0115-Amended.html
Citations Affected: IC 32-24.
Synopsis: Eminent domain for carbon dioxide pipeline. Permits an
entity authorized to transport carbon dioxide by pipeline to acquire real
property by eminent domain.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 21, 2010, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Chapter 8. Eminent Domain for Transportation of Carbon Dioxide by Pipeline
Sec. 1. Because the transportation of carbon dioxide by pipeline in Indiana for sequestration, enhanced oil recovery, and other purposes can:
(1) assist efforts to reduce carbon dioxide emissions from:
(A) the generation of electricity; and
(B) the manufacture of gas using coal; and
(2) promote economic development in Indiana;
the transportation of carbon dioxide by pipeline in Indiana is declared to be a public use and service, in the public interest, and a benefit to the welfare of Indiana and the people of Indiana.
Sec. 2. As used in this chapter, "carbon dioxide" means a fluid consisting of more than ninety percent (90%) carbon dioxide
molecules compressed to a supercritical state.
Sec. 3. As used in this chapter, "pipeline" means all parts of
physical facilities through which carbon dioxide can move in
transportation, including the following:
(1) Pipe.
(2) Valves and other appurtenances attached to pipe.
(3) Compressor units.
(4) Metering stations.
(5) Regulator stations.
(6) Delivery stations.
(7) Holders.
(8) Fabricated assemblies.
The term excludes motor vehicles of all kinds.
Sec. 4. As used in this chapter, "transportation" means the
physical movement of carbon dioxide by pipeline conducted for:
(1) a person's own use or account; or
(2) the use or account of another person or persons.
Sec. 5. (a) This section applies to any of the following that is
authorized to do business in Indiana and is authorized to transport
carbon dioxide by pipeline:
(1) A person.
(2) A firm.
(3) A partnership.
(4) A limited liability company.
(5) A corporation.
(b) An entity described in subsection (a) may take, acquire,
condemn, and appropriate any of the following to accomplish the
transportation of carbon dioxide by pipeline:
(1) Land.
(2) Real estate.
(3) Any permanent or temporary interest in land or real
estate.
(c) An entity to which subsection (b) applies has all
accommodations, rights, and privileges necessary to accomplish the
use for which the property is taken.
Sec. 6. (a) Except as provided in subsection (b), the taking,
acquisition, condemnation, and appropriation authorized by this
chapter must be made under IC 32-24-1.
(b) An entity that exercises its right under section 5(b) of this
chapter shall:
(1) compensate the owner of the land, real estate, or interest
in the manner that a condemnor is required to compensate the
owner of a parcel of real property under IC 32-24-4.5-8(1)(A),
IC 32-24-4.5-8(2)(A), or IC 32-24-4.5-8(3)(A); and
(2) pay the owner's relocation costs (as defined in
IC 32-24-4.5-6), if any.
