Persons entitled to exercise eminent domain; conditions precedent
Sec. 2. (a) A person, firm, limited liability company, municipal
corporation, or other corporation authorized to do business in Indiana
and engaged in the business of transporting or distributing gas by
means of pipelines into, within, or through Indiana for ultimate
public use may condemn:
(1) land subsurface strata or formations;
(2) other necessary land rights;
(3) land improvements and fixtures, in or on land, except
buildings of any nature; and
(4) the use and occupation of land subsurface strata or
formations;
for constructing, maintaining, drilling, utilizing, and operating an
underground gas storage reservoir.
(b) The following rights in land may be condemned for use in
connection with the underground storage of gas:
(1) To drill and operate wells in and on land.
(2) To install and operate pipelines.
(3) To install and operate equipment, machinery, fixtures, and
communication facilities.
(4) To create ingress and egress to explore and examine
subsurface strata or underground formations.
(5) To create ingress and egress to construct, alter, repair,
maintain, and operate an underground storage reservoir.
(6) To exclusively use any subsurface strata condemned.
(7) To remove and reinstall pipe and other equipment used in
connection with rights condemned under subdivisions (1)
through (6).
(c) Acquisition of subsurface rights in land for gas storage
purposes by condemnation under this section must be without
prejudice to any subsequent proceedings that may be necessary under
this section to acquire additional subsurface rights in the same land
for use in connection with the underground storage. Surface rights in
land necessary for the accomplishment of the purposes set forth in
this section may be condemned.
(d) Except with respect to a proceeding under this chapter to:
(1) acquire the right to explore and examine a subsurface
stratum or formation in land; and
(2) create the right of ingress and egress for operations
connected to the acquisition;
and subject to subsection (e), as a condition precedent to the exercise
of the right to condemn any underground stratum, formation, or
interest reasonably expected to be used or useful for underground gas
storage, a condemnor first must have acquired by purchase, option,
lease, or other method not involving condemnation, the right, or right
upon the exercise of an option, if any, to store gas in at least sixty per
cent (60%) of the stratum or formation. This must be computed in
relation to the total surface acreage overlying the entire stratum or
formation considered useful for the purpose.
(e) A tract under which the stratum or formation sought to be
condemned is owned by two (2) or more persons, firms, limited
liability companies, or corporations must be credited to the
condemnor as acquired by it for the purpose of computing the
percentage of acreage acquired by the condemnor in complying with
the requirement of subsection (d) if the condemnor acquires from the
owner or owners of an undivided three-fourths (3/4) part or interest
or more of the underground stratum or formation, by purchase,
option, lease, or other method not involving condemnation, the right,
or right upon the exercise of an option, if any, to store gas in the
stratum or formation. It is not necessary for the condemnor to have
acquired any interest in the property in which the condemnee has an
interest before instituting a proceeding under this chapter.
As added by P.L.2-2002, SEC.9.
Last modified: May 24, 2006