Ind. Code ch. 14-39-1

Ind. Code ch. 14-39-1
in effect

Ind. Code § 14-39-1-1 Repealed

As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.1. Repealed by P.L.161-2026, SEC.40.

Ind. Code § 14-39-1-3 Declaration that pipeline transportation and underground storage of carbon dioxide are in the public interest

Sec. 3. Because: (1) the movement of carbon dioxide conducted for: (A) a person's own use or account; or (B) the use or account of another person or persons; by pipeline in Indiana for carbon management applications can assist efforts to reduce carbon dioxide emissions; and (2) the underground storage of carbon dioxide can assist efforts to reduce carbon dioxide emissions; the use of carbon dioxide transmission pipelines, including their routing, construction, maintenance, and operation, and the underground storage of carbon dioxide are declared as a matter of legislative determination to be a public use and service, in the public interest, and a benefit to the welfare and people of Indiana. As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.4.

Ind. Code § 14-39-1-3.5 Carbon sequestration pilot project

Sec. 3.5. (a) This chapter authorizes the establishment of a carbon sequestration pilot project: (1) that will: (A) capture carbon dioxide at the proposed ammonia plant to be located at 444 West Sandford Avenue, West Terre Haute, Indiana; (B) construct, operate, or use not more than two (2) carbon dioxide pipelines; (C) maintain operations only in Vigo and Vermillion counties; and (D) inject the carbon dioxide underground through one (1) or more injection wells pursuant to a Class VI well permit issued by the United States Environmental Protection Agency; and (2) that will employ the underground storage of carbon dioxide as an alternative to releasing the carbon dioxide into the air. (b) The director shall designate the operator of the carbon sequestration pilot project according to the characteristics of the pilot project set forth in subsection (a) not more than thirty (30) days after the Class VI well permit referred to in subsection (a)(1)(D) is issued by the United States Environmental Protection Agency. (c) The injection well issued a Class VI well permit by the United States Environmental Protection Agency is not experimental. (d) This section expires July 1, 2028, if the operator of the carbon sequestration pilot project designated under subsection (b) according to the characteristics set forth in subsection (a) is not issued a Class VI permit by the United States Environmental Protection Agency under 40 CFR 146 subpart H by July 1, 2028. As added by P.L.291-2019, SEC.5. Amended by P.L.53-2023, SEC.3; P.L.161-2026, SEC.46.

Ind. Code § 14-39-1-4 Application for certificate of authority; review; public information meeting; approval procedure

Sec. 4. (a) A carbon dioxide transmission pipeline company that seeks to construct, operate, and maintain a carbon dioxide pipeline in Indiana must apply to the department for issuance of a carbon dioxide transmission pipeline certificate of authority. The department shall prescribe the form of the application, which must: (1) include a filing fee of one thousand dollars ($1,000); (2) be signed by a responsible officer of the company; (3) include a statement verifying that the information submitted is true, accurate, and complete to the best of that responsible officer's knowledge and belief; and (4) include all information necessary for the department to find the following: (A) That the applicant, or the contractor or subcontractor of the applicant, has the financial, managerial, and technical ability to construct, operate, and maintain a carbon dioxide transmission pipeline in Indiana. (B) That the applicant, or the contractor or subcontractor of the applicant, has the requisite experience constructing, operating, and maintaining a transmission pipeline. (C) That the applicant has entered into a contract to transport carbon dioxide by pipeline in Indiana with: (i) at least one (1) producer of carbon dioxide located in Indiana; and (ii) unless all of the carbon dioxide to be transported in the proposed carbon dioxide transmission pipeline is for the applicant's own use or account, at least one (1) end user or storer of carbon dioxide. (D) That the applicant has provided documentation to the department showing the proposed length, diameter, and location of the proposed carbon dioxide transmission pipeline in Indiana. (E) That the applicant will construct, operate, and maintain the proposed carbon dioxide transmission pipeline in accordance with applicable local, state, and federal law, including federal and state safety regulations and rules governing the construction, operation, and maintenance of carbon dioxide transmission pipelines, and related facilities and equipment, to ensure the safety of pipeline employees and the public. (F) That the applicant has signed a statement indicating that the applicant agrees to construct a proposed carbon dioxide transmission pipeline in a manner compliant with the guidelines adopted under IC 8-1-22.6-8 by the pipeline safety division of the Indiana utility regulatory commission. (b) The department shall review an application filed under subsection (a). Subject to subsection (f), if the department determines that the application is incomplete or inaccurate, or both, the department shall return the application to the applicant, informing the applicant in writing of the applicant's right to file a corrected application with the department. If the department determines that the application is complete and accurate, the department shall provide notice to the applicant of: (1) that determination; and (2) the date, time, and location of the public information meeting to be held under subsection (d). (c) The applicant shall: (1) upon receipt of a notice under subsection (b): (A) place for public inspection a copy of the application in a public library located in each county in which the carbon dioxide transmission pipeline is proposed to be located; and (B) publish notice, in the same manner that would be required if the applicant were subject to IC 5-3-1, in each county in which the carbon dioxide transmission pipeline is proposed to be located, of: (i) the name and address of each library in which a copy of the application is placed under clause (A); and (ii) the date, time, and location of the public information meeting to be held under subsection (d); (2) provide to the department proof of publication of notice under subdivision (1)(B); and (3) have a representative present at the public information meeting held under subsection (d). (d) The department shall: (1) conduct a public information meeting in the county seat of one (1) of the counties, as determined by the department, in which the proposed carbon dioxide transmission pipeline will be located; and (2) provide an opportunity at the meeting for members of the public to be briefed and to ask questions about the proposed carbon dioxide transmission pipeline. (e) Not later than ninety (90) days after the public information meeting held under subsection (d), the department shall notify the applicant in writing that: (1) the department: (A) has made the findings described in subsection (a)(4); and (B) has approved the application; or (2) the department: (A) has determined that the department is unable to make the findings described in subsection (a)(4); and (B) has disapproved the application. (f) The department shall process a corrected application that is filed as permitted under subsection (b) in the same manner the department processes an initially filed application under subsection (a). (g) If the department fails to act under subsection (e) not later than ninety (90) days after the public information meeting held under subsection (d), the application is considered to be approved by the department. (h) If: (1) the department approves the application under subsection (e)(1); or (2) the application is considered to be approved as described in subsection (g); the department shall issue to the applicant a carbon dioxide transmission pipeline certificate of authority. As added by P.L.150-2011, SEC.18. Amended by P.L.163-2022, SEC.1; P.L.25-2025, SEC.1; P.L.213-2025, SEC.132.

Ind. Code § 14-39-1-4.5 Exception to requirement to obtain a carbon dioxide transmission pipeline certificate of authority

Sec. 4.5. A carbon dioxide transmission pipeline company is not required to obtain a carbon dioxide transmission pipeline certificate of authority under section 4 of this chapter if either of the following applies: (1) The carbon dioxide transmission pipeline to be constructed and operated: (A) begins and ends on the surface property above the storage facility; and (B) does not cross: (i) public property; (ii) a public right-of-way; or (iii) a parcel for which the pipeline company would be required to obtain a right-of-way or easement for the pipeline. (2) The surface property above the storage facility crosses only one (1) or more of the following: (A) An existing private easement. (B) A private right-of-way. As added by P.L.25-2025, SEC.2. Amended by P.L.213-2025, SEC.133.

Ind. Code § 14-39-1-5 Confidential information

Sec. 5. (a) Except as provided in subsection (b), if a carbon dioxide transmission pipeline company files with the department a verified certificate stating the reasons that the designation of confidential information is necessary, the carbon dioxide transmission pipeline company may designate information that it submits in an application to the department, or in subsequent reports, as trade secret or confidential and proprietary information. (b) Subsection (a) does not apply to information referred to in section 4(a)(4)(D) of this chapter. (c) The department shall exercise all necessary caution to avoid public disclosure of confidential information designated under subsection (a). As added by P.L.150-2011, SEC.18.

Ind. Code § 14-39-1-6 Issuing a certificate of authority

Sec. 6. A certificate of authority issued by the department under this chapter must include at least the following: (1) A grant of authority to construct and operate a carbon dioxide transmission pipeline as requested in the application. (2) A grant of authority to use, occupy, and construct pipeline facilities in any designated public right-of-way for the construction and operation of the carbon dioxide transmission pipeline. (3) A grant of authority to take and acquire possession by eminent domain of any property or interest in property for the construction, maintenance, or operation of a carbon dioxide transmission pipeline in the manner provided for the exercise of the power of eminent domain under sections 7, 8, and 9 of this chapter. As added by P.L.150-2011, SEC.18.

Ind. Code § 14-39-1-7 Right of pipeline company or pilot project operator to use eminent domain

Sec. 7. (a) If a carbon dioxide transmission pipeline company has received a carbon dioxide transmission pipeline certificate of authority from the department under this chapter and is not able to reach an agreement with a property owner for the construction, operation, and maintenance of the carbon dioxide transmission pipeline on the owner's property, the company may proceed to condemn a right-of-way or an easement necessary or useful for: (1) constructing, maintaining, using, operating, and gaining access to a carbon dioxide transmission pipeline and all necessary machinery, equipment, pumping stations, appliances, and fixtures for use in connection with the carbon dioxide transmission pipeline; and (2) obtaining all necessary rights of ingress and egress to construct, examine, alter, repair, maintain, operate, or remove a carbon dioxide transmission pipeline and all of its component parts. (b) If the operator of the carbon sequestration pilot project is not able to reach an agreement with an owner of property to acquire: (1) ownership of underground strata or formations located under the surface of the property for purposes of the underground storage of carbon dioxide; or (2) ownership or other rights to one (1) or more areas of the surface of the property for purposes of establishing and operating monitoring facilities required by the United States Environmental Protection Agency for the underground storage of carbon dioxide; that are needed for the carbon sequestration pilot project, the operator of the carbon sequestration pilot project may exercise the power of eminent domain under IC 32-24-1 and IC 32-24-5 to make the needed acquisition. As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.6.

Ind. Code § 14-39-1-8 Applicable eminent domain statutes

Sec. 8. (a) Except as otherwise provided in this chapter, IC 32-24-1 applies to the condemnation of property under section 7(a) of this chapter by a carbon dioxide transmission pipeline company. (b) IC 32-24-5 and (pursuant to IC 32-24-5-5) IC 32-24-1 apply to the condemnation of property under section 7(b) of this chapter by the operator of the carbon sequestration pilot project, strictly for purposes of the carbon sequestration pilot project. As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.7.

Ind. Code § 14-39-1-9 Compensation for exercise of eminent domain by pipeline company

Sec. 9. A carbon dioxide transmission pipeline company that exercises the authority set forth in section 7(a) of this chapter shall: (1) compensate the property owner by making a payment to the owner equal to: (A) one hundred twenty-five percent (125%) of the fair market value of the interest in the property acquired, if the right-of-way or easement involves agricultural land; or (B) one hundred fifty percent (150%) of the fair market value of the interest in the property acquired, if the right-of-way or easement involves a parcel of property occupied by the owner as a residence; and (2) pay to the property owner: (A) any damages determined under IC 32-24-1; and (B) any loss incurred in a trade or business; that are attributable to the exercise of eminent domain. As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.8.

Ind. Code § 14-39-1-10 Disclosure of pipeline's actual route

Sec. 10. Not later than one hundred eighty (180) days after the completion of a carbon dioxide transmission pipeline for which the department has issued a certificate of authority under this chapter, the carbon dioxide transmission pipeline company shall provide maps and other documentation to the department showing the actual route in Indiana of the carbon dioxide transmission pipeline. As added by P.L.150-2011, SEC.18.

Ind. Code § 14-39-1-11 Administrative adjudication

Sec. 11. A determination of the department under this chapter is subject to an administrative adjudication under IC 4-21.5. As added by P.L.150-2011, SEC.18. Amended by P.L.92-2025, SEC.68; P.L.161-2026, SEC.47.

Ind. Code § 14-39-1-12 Disposition of fee revenue generated

Sec. 12. The department shall deposit fee revenue received under section 4(a)(1) of this chapter in the carbon sequestration project program administrative fund established by IC 14-39-2-10.5. As added by P.L.150-2011, SEC.18. Amended by P.L.25-2025, SEC.3; P.L.213-2025, SEC.134.

Ind. Code § 14-39-1-14 Possible state assumption of ownership from pilot project operator

Sec. 14. (a) Because the public interest would be served by the state of Indiana succeeding to the rights of a person that has conducted the underground storage of carbon dioxide, the state of Indiana, upon the recommendation of the director of the department and review by the state budget committee, may obtain ownership of: (1) the carbon dioxide stored in underground strata and formations; and (2) the underground strata and formations in which the carbon dioxide is stored; from the operator of the carbon sequestration pilot project. (b) The state of Indiana may obtain ownership of the carbon dioxide stored in underground strata and formations and the underground strata and formations in which the carbon dioxide is stored under this section: (1) after the operator, through the carbon sequestration pilot project, has injected carbon dioxide into underground strata and formations for at least twelve (12) years; or (2) after the operator of the carbon sequestration pilot project ceases to inject carbon dioxide into underground strata and formations, if the injection ceases less than twelve (12) years after it began. As added by P.L.291-2019, SEC.10.

Ind. Code § 14-39-1-15 No effect upon oil, gas, and coal

Sec. 15. (a) Notwithstanding any other law, nothing in this chapter may be construed to apply to extractable mineral resources. (b) The rights and requirements of this chapter: (1) are subordinate to the rights pertaining to oil, gas, and coal reserves; and (2) shall in no way adversely affect oil, gas, and coal reserves. (c) Notwithstanding any other law, nothing in this chapter may be construed to preclude the rights provided under IC 14-37-9. As added by P.L.291-2019, SEC.11.

Ind. Code § 14-39-1-16 Title to the pore space; exception

Sec. 16. For purposes of the operation of the carbon sequestration pilot project under this chapter, the title to the pore space is vested in the person who holds in fee simple the surface interest in the land or water as identified by the property records of the county, unless another person has been explicitly conveyed, excepted, or reserved through a recorded conveyance document a right to use the pore space in a manner inconsistent with the carbon sequestration pilot project. As added by P.L.53-2023, SEC.4.

Ind. Code § 14-39-1-17 Duty to provide notice and make a written offer for compensation; requirements for an offer to compensate

Sec. 17. (a) Before the anticipated migration of carbon dioxide as predicted by the testing and monitoring activities pursuant to the Class VI permit issued to the carbon sequestration pilot project, the pilot project operator shall: (1) notify: (A) the person who owns the pore space in fee simple; or (B) any person with a right by a recorded conveyance document to use the pore space; of the anticipated migration of the carbon dioxide; and (2) make an offer of compensation in writing: (A) to the person identified in subdivision (1)(A) to acquire, lease, or occupy the pore space; or (B) to a person identified in subdivision (1)(B) for any diminution in the rights that the person has acquired to use the pore space. (b) An offer of compensation required by subsection (a)(2), with respect to a parcel, must be a yearly payment of forty percent (40%) of the average estimated cash rent per acre for the area of Indiana and the average class of land, according to the Farmland Values & Cash Rents Survey Results published by Purdue University most recently before the offer of compensation is made, every year until the cessation of injection of carbon dioxide. As added by P.L.53-2023, SEC.5.

Ind. Code § 14-39-1-18 Nonbinding mediation; procedures; costs; consolidated requests; cause of action; remedies

Sec. 18. (a) If a person who claims ownership of pore space described in section 17 of this chapter is unable to reach an agreement with the pilot project operator concerning the acquisition, lease, or occupancy of the pore space, the person may file a request for nonbinding mediation of the dispute before a single mediator qualified under Rule 2.5 of the Indiana Supreme Court Rules for Alternative Dispute Resolution. (b) If the person who claims ownership of the pore space files a request for mediation under subsection (a), the mediation shall occur as follows: (1) A demand for mediation must be: (A) in writing; and (B) served upon all other parties. (2) Not later than thirty (30) days after the date on which the demand for mediation is served under subdivision (1), the parties shall mutually select an independent mediator. (3) If the parties are unable to agree on the selection of a mediator, a mediator shall be appointed, upon motion of a party, by a judge of the Vigo County Circuit Court. (4) After a mediator is selected under subdivision (2) or appointed under subdivision (3), the parties shall meet with the mediator for the purpose of attempting to resolve the dispute. The mediator shall determine: (A) a time period within which the meeting required under this subdivision must occur; and (B) a location within Indiana for the meeting. The mediator may extend the period within which the meeting must occur for good cause shown by a party or upon stipulation of the parties. (5) The mediation must be concluded not later than ninety (90) days after the mediator is selected under subdivision (2) or appointed under subdivision (3). (6) The costs of a mediation under this subsection shall be borne by the pilot project operator. (7) The pilot project operator may consolidate multiple requests for mediation into one (1) or more mediation proceedings. (8) The following apply to a mediation conducted under this subsection: IC 4-21.5-3.5-4 IC 4-21.5-3.5-13 IC 4-21.5-3.5-16 through IC 4-21.5-3.5-19 IC 4-21.5-3.5-20(b) and IC 4-21.5-3.5-20(c) IC 4-21.5-3.5-23 IC 4-21.5-3.5-24 IC 4-21.5-3.5-26 IC 4-21.5-3.5-27. If the parties are not able to reach an agreement as to the assessment of compensation through a mediation under this subsection, the case shall proceed as described in subsection (c). (c) If a person who claims ownership of pore space described in section 17 of this chapter is unable to reach an agreement with the pilot project operator concerning the acquisition, lease, or occupancy of the pore space through negotiation or mediation, the person may pursue a civil action against the pilot project operator. A civil action described in this subsection may be brought only under this section. (d) Except as provided in subsections (e) and (f), unless otherwise agreed to by the person who claims ownership of the pore space and the pilot project operator, in a civil action under this section a court may not grant: (1) injunctive relief or an order of possession; or (2) monetary relief that exceeds the fair market value of pore space in Indiana. (e) Monetary recovery may not be limited under subsection (d) in a civil action under this section if the claimant pleads and proves direct and tangible physical injury or damage to: (1) a person; (2) tangible property; or (3) an animal. (f) This section does not limit monetary recovery by a public utility for any effect of the carbon sequestration pilot project on the sources of the public water supply used by the public utility. As added by P.L.53-2023, SEC.6.

Ind. Code § 14-39-1-19 Siting and setback requirements

Sec. 19. The department may establish siting and setback requirements for carbon dioxide transmission pipelines. As added by P.L.161-2026, SEC.48.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026

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