summary
Introduced
02/05/2025
02/05/2025
In Committee
05/30/2025
05/30/2025
Crossed Over
05/28/2025
05/28/2025
Passed
08/15/2025
08/15/2025
Dead
Signed/Enacted/Adopted
08/15/2025
08/15/2025
Introduced Session
104th General Assembly
Bill Summary
Reinserts the provisions of the introduced bill with the following changes. Removes changes to provisions concerning applications under the Carbon Dioxide Transportation and Sequestration Act. In provisions concerning the compensation for damages to the surface of a landowner's property, provides that such compensation includes compensation to return the surface estate, including soil conservation practices, such as terraces, grassed waterways, and other conservation practices, to the condition of the surface (rather than to a condition as near as practicable to the condition of the surface) prior to accessing the property; compensation for damage to the productive capability of the soil resulting from compaction or rutting if the parties are incapable of reaching resolution for such issues under the mitigation agreement and certain requirements are met (rather than such compensation shall include, but is not limited to, compensation for when a pipeline applicant accesses a property where excessively wet soil conditions would not allow normal farming operations due to increased risk of soil erosion, rutting, or compaction); and compensation for damage to surface and subsurface drainage, including compensation such that the applicant who has been granted a certificate of authority under the Act shall compensate the affected landowner to permanently restore drainage to the condition of the drainage (rather than to a condition as near as practicable to the condition of the drainage) prior to accessing the property. Provides that an applicant shall comply with the requirements of the agreement that governs the mitigation of agricultural impacts. Makes other changes.
AI Summary
This bill modifies the Carbon Dioxide Transportation and Sequestration Act to provide more detailed and comprehensive compensation provisions for landowners affected by pipeline construction. The bill establishes specific guidelines for compensating landowners for damages resulting from pipeline access, including damages to crops, surface estate, soil conservation practices, and drainage systems. Notably, the bill requires that compensation must restore property to its exact prior condition, rather than "as near as practicable" as previously stated. The compensation calculations include detailed methods for determining crop value, such as assessing average yield, local market prices, and impacted acreage. The bill also introduces provisions that prevent pipeline applicants from accessing properties with excessively wet soil conditions that could cause erosion or compaction, and requires consultation with local soil and water conservation districts in case of disputes. Furthermore, the bill mandates that compensation payments must be made within 60 days of completing required activities, and if litigation occurs, the applicant may be responsible for the landowner's reasonable attorney's fees. These provisions aim to protect landowners' interests and ensure fair treatment during carbon dioxide pipeline infrastructure development.
Committee Categories
Agriculture and Natural Resources
Sponsors (4)
Last Action
Public Act . . . . . . . . . 104-0390 (on 08/15/2025)
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