Bill > SB0394

This bill establishes a comprehensive framework for ownership and rights associated with subsurface pore space in Michigan, defining pore space as the open space in underground geological formations capable of storing carbon dioxide or other substances. The legislation clarifies that pore space ownership is initially vested in the surface property owner, but can be legally severed through specific conveyances, reservations, or leases. To be valid, such instruments must precisely describe the geological formation, depth of the pore space, and any surface estate usage rights. The bill allows pore space interests to be separately sold, purchased, or leased, while explicitly preserving existing common law rights related to mineral estates and surface owner usage. Importantly, the bill does not automatically transfer pore space rights when selling surface property, requiring explicit language in the conveyance to transfer such rights. The legislation also maintains pre-existing pore space use rights acquired before the act's effective date and protects mineral rights owners' ability to explore and produce native minerals. The bill will only take effect if certain related legislative bills are also enacted into law, specifically noting a connection to Senate Bill 395.

Agriculture and Natural Resources

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-SB-0394