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INFB members help protect property rights, defeat Senate bill 265
A carbon sequestration pilot project bill that could have impacted farmer property rights has been defeated by the Indiana House.
Jeff Cummins is the associate policy director of Indiana Farm Bureau.
“Senate Bill 265 was defeated on the House Floor with 53 no votes and 43 yes votes,” he says.
He tells Brownfield amendment language was offered to help protect property rights.
“We had offered amendment language to define pore space and retain it to the owner of a surface estate, require negotiation for the lease or sale of that pore space from the landowner to the company, limit duration of the pilot project, and limit the number of wells that the company could put in all to no avail,” he says. “…We had worked in earnest to try to find a path forward because we’re not opposed to what the company wants to do, we’re opposed to how they’d like to go about it without the requirement of acquiring pore space from landowners.”
Terre Haute-based Wabash Valley Resources is the company seeking approval for injecting carbon dioxide underground. The bill would have prevented a landowner from making a lawsuit claim unless there is proof of interference or direct physical injury to a person, animal, or property. The company also intends to manufacture hydrogen.
Cummins says Indiana Farm Bureau members helped secure that victory.
“There was extraordinary effort among members, the board of directors, and our president,” he says.
He says House Bill 1209, which is backed by INFB members, gets it right with respect to carbon sequestration.
“The bill recognizes property rights, codifies that it’s owned by the surface estate, and before a carbon sequestration project begins landowners must be notified, pore space must be acquired, and compensation for doing that,” he says. “It was interesting contrast having three bills moving in tandem, two we oppose – Senate Bill 265 and House bill 1249—because they were an infringement of subsurface pore space property rights and one bill support—House Bill 1209—because it’s fair to landowners and several companies that eventually want to do carbon sequestration are supporting it as well.”
And, he says members will continue to be active on the issue as Wabash Valley Resources looks for another home for the language.
Audio: Jeff Cummins
