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Re:

Louisiana HB 7 Would Have Restricted CO₂ Pipeline and Storage Land Takings—but Stalled

Louisiana HB 7 would have barred private entities from expropriating property for CO₂ pipelines and geologic storage, but the bill stalled in committee. Existing law still allows qualifying storage operators to expropriate certain property interests after required approvals.
From TheFinanceBase Team3 min to read
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Louisiana HB 7 did not become law. The proposed Louisiana Landowners Protection Act would have barred private entities from expropriating property for carbon dioxide (CO₂) pipeline transportation and geologic storage, but the Legislature’s status record says it was “Involuntarily deferred in House Natural Resources” after consideration on March 31, 2026. Louisiana’s existing law still authorizes certain qualified CO₂ storage operators to expropriate property interests after required approvals.

What HB 7 would have changed

Introduced in the 2026 Regular Session, HB 7 proposed a new law, R.S. 19:2.3, prohibiting private entities from expropriating property for the purpose, in whole or in part, of transporting CO₂ by pipeline or storing it geologically. The bill’s definition of private entities included privately owned legal entities and entities acting on behalf of, or together with, them. These were proposed provisions, not rules that took effect.

The bill also proposed repealing CO₂-related expropriation provisions in R.S. 19:2 and R.S. 30:1108, along with related authority. It would have narrowed the secretary’s certificate authority for pipelines to those serving secondary and tertiary recovery projects. The Legislature’s HB 7 status and history records the committee deferral; the original bill text sets out the proposal.

Current law versus HB 7 as proposed

Issue Current law HB 7 proposal
Private-entity expropriation for CO₂ projects R.S. 30:1108 authorizes a qualifying storage operator to expropriate certain property interests for a storage facility and related infrastructure, subject to required permits and a certificate of public convenience and necessity. Would have prohibited private-entity expropriation for CO₂ pipeline transportation and geologic storage.
Covered infrastructure or activity Storage facilities and associated infrastructure, including CO₂ pipelines. CO₂ transport by pipeline and geologic storage; the bill also proposed repealing related expropriation authority.
Status R.S. 30:1108 is current statutory authority. Not enacted; involuntarily deferred in House Natural Resources after March 31, 2026 consideration.

The current statute does not mean every CO₂ pipeline company may automatically take land. It specifies an eligible storage operator and requires applicable permits and a certificate before the authority may be exercised. The relevant interests and procedures depend on the statute and the circumstances. Read Louisiana R.S. 30:1108 for the current statutory text.

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Expropriation is different from a negotiated easement

Expropriation, often called eminent domain, is a legal process for acquiring property interests without an owner’s voluntary agreement, subject to applicable legal requirements. A negotiated easement or other contract is different: it depends on an agreement between the parties. A company’s interest in a route or a nearby project does not, by itself, establish that a particular owner’s property can be taken or that an owner must sign an agreement.

For a specific property, the governing statute, the type of interest sought, any project approvals, notices, and the wording of an agreement all matter. An owner who receives an acquisition notice or is asked to sign a CO₂-related agreement can consult a Louisiana attorney familiar with property and expropriation matters before deciding how to respond.

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Louisiana has a separate CO₂-related liability limitation

Louisiana R.S. 30:1109.1 says a landowner does not assume or have CO₂-related liability merely because the person owns land or enters a contract allowing the property to be used for geologic storage, injection, or transportation of CO₂. The statute also says this rule does not alter or supersede the landowner’s contract. It is a liability limitation, not a prohibition on expropriation. See the text of R.S. 30:1109.1.

What the March 2026 project count does—and does not—show

The Louisiana Legislative Fiscal Office’s March 6, 2026 fiscal note on HB 7 reported 99 pending Class VI well applications associated with 30 projects statewide. That is a dated count in the fiscal note, not a current October 2026 total, and it does not identify whether any particular owner’s land is affected. The note also discussed application and review fees and said landowners in a unitized storage area may receive royalty payments depending on the operating agreement; it does not promise payments to every nearby owner. See the HB 7 fiscal note.

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Where property owners stand

HB 7 would have created a broader restriction on private-entity expropriation for both CO₂ pipeline transportation and geologic storage, but it stalled in committee and is not a new protection owners can rely on as enacted law. For now, the existing statutory authority and its conditions, any applicable project approvals, and the details of an owner’s property interests or contracts are the relevant starting points.

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