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While we slept: 2009 LA Legis said "frick your property rights"

Posted on 10/1/25 at 10:27 am
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59216 posts
Posted on 10/1/25 at 10:27 am
Ladies and gentlemen, allow me to introduce to you this small gem from the 2009 legislative session: LOUISIANA GEOLOGIC SEQUESTRATION OF CARBON DIOXIDE ACT

The short version: when it comes to carbon sequestration, the Commissioner of Conservation (within the state DEQ) can assign eminent domain to companies engaging in drilling wells for storing CO2 and for the storage of CO2. In other words, you don't get a say. This passed without a single Nay vote in either chamber.

They have to pay you "fair market value" but that's a highly subjective determination as this is subsurface property well over 1,000 feet down. Along with that, there doesn't yet appear to be a framework for how those payments work (tax credits? cash? annual payments? one-time-only?), but we know who will decide that (hint: not you nor I).

This is, of course, in contrast to the tighter private property rights the legislature passed in 2006 due to the SCOTUS decision in Kelo.

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