Rules Regarding Carbon Dioxide (CO2) Pipelines – A state may exercise its eminent domain authority to condemn private lands for public use. In such cases, compensation to private landowners is required. A state may declare in legislation certain categories of activities, such as CO2 pipelines, eligible for the use of its eminent domain authority. States may also require that CO2 pipelines serve as “common carriers,” meaning they must be open for use by parties other than the owner.
Rules Regarding Pore Space – A state may clarify in legislation who owns the subsurface area, or pore space, where CO2 is injected; it is usually the owner of surface land. Several states enacted laws for the unitization of pore space, which is a process whereby a state will pool the ownership of pore space once a certain percentage of ownership interests (usually a majority) agree to aggregate their ownership interests.