Louisiana is poised to tighten restrictions on the use of eminent domain for CO2 capture pipelines, potentially curbing developers’ ability to seize private land for carbon dioxide transport and storage.
Legislation recently passed by state lawmakers — Senate Bill 244 — would limit eminent domain to carbon pipeline projects classified as “common carriers,” meaning they must serve the broader public interest, not just a single company.
This provision would block most private developers from forcibly acquiring land unless their projects meet that standard.
The bill, expected to be signed by Republican Governor Jeff Landry, marks a rare rift between state Republicans and the oil and gas industry, traditionally close allies.
It reflects growing resistance to carbon capture initiatives that infringe on property rights, especially in rural communities.
Relevant: Louisiana Lawmakers Reject Local Control Over Carbon Capture Projects
Another key provision in the bill would remove existing legal language that labels greenhouse gas sequestration as a public good — thereby shifting the determination of public benefit to the courts in disputes over land expropriation.
Additionally, the bill raises the bar for underground CO2 storage projects. Under current law, developers can seize the remaining land needed for a project once they’ve secured 75% of the acreage through voluntary agreements.
The new legislation would increase that threshold to 85%, making it harder to force holdouts to give up their land.
Read more: Iowa Governor Rejects Bill Limiting Eminent Domain For CO2 Pipeline
