Common Questions about Carbon Capture Utilization and Storage (CCUS)
Can companies take my land for CO₂ pipelines or storage?
No. Private property can only be taken for a public purpose, and owners must receive fair compensation. Courts ensure any project meets the strict legal test.
What is a “public purpose”?
A project benefits the general public—not just a single company. Oil and gas pipelines qualify even though they don’t connect to every home. CO₂ pipelines fall in the same category.
Who decides if a project has a public purpose?
The Louisiana Legislature sets the rules. Pipelines that serve more than one company can be designated common carriers.
How do companies get permission?
They must apply for a certificate of public convenience and necessity through the Louisiana Department of Conservation and Energy, undergo a public hearing, and demonstrate they attempted to work with landowners.
Legal and Regulatory Considerations for Carbon Sequestration Fee Structures
Can CO₂ pipelines use eminent domain?
Yes, but rarely—and only for projects that meet strict public-benefit requirements. Landowners must receive compensation for the full extent of their loss, and courts have the final say.
More Resources
CCUS Demystified: Louisiana Leading the Way
Recorded as part of the U.S. Energy Association’s CCUS Demystified series, this webinar highlights Louisiana’s leadership in carbon capture and storage (CCS). Experts from government, industry, and academia explain how CCS works, outline the state’s Class VI permitting authority, and discuss major projects, safety measures, and the role of carbon management in supporting economic growth and low-carbon development.