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.