Indiana Code
Chapter 2. Underground Storage of Carbon Dioxide
14-39-2-3. Rights to Pore Space

Sec. 3. (a) Before July 1, 2022, this chapter does not alter, amend, diminish, or invalidate ownership of the pore space of real property that has been divided into a surface estate and a mineral estate where ownership of the pore space was acquired or reserved by conveyance document. Any ownership rights to pore space that were not expressly or by implication acquired or reserved by conveyance document remain vested in the surface estate.
(b) After June 30, 2022, the ownership of pore space is vested in the surface estate of real property that is divided into a surface estate and a mineral estate unless such rights are explicitly acquired by conveyance document.
(c) This chapter does not alter, amend, diminish, or invalidate common law established prior to July 1, 2022, regarding the rights to or dominance of a mineral estate, or the implied or express right of a mineral owner or mineral lessee for the use of pore space.
(d) A grant of:
(1) an easement to use; or
(2) a lease of pore space;
for carbon sequestration is in perpetuity if specified by an easement or lease. Unless an individual who obtains an easement or lease operates carbon dioxide injection not later than twenty (20) years after obtaining the easement or lease, interest shall lapse, extinguish, and revert to the owner of the surface estate.
As added by P.L.163-2022, SEC.2.

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