ENERGY: Expresses the legislature's commitment to protecting private property rights
Louisiana HCR 80 reaffirms strong private property rights in carbon capture projects and reiterates Act 414’s enhanced protections for landowners in expropriation.
Louisiana HCR 80 reaffirms strong private property rights in carbon capture projects and reiterates Act 414’s enhanced protections for landowners in expropriation.
While HCR 80 is a concurrent resolution and not a statute of general applicability, it underscores the following substantive points:
- Recognition of Property Rights Protections: Echoes Article I, Section 4 of the Louisiana Constitution, which protects the right to acquire, own, use, enjoy, protect, and dispose of private property, subject to reasonable statutory restrictions and police power.
- Reference to Act 414 (2025) – Landowner Bill of Rights:
- Landowners affected by eminent domain for CCS projects have enhanced rights and procedural protections, including:
1. Written notice to landowners (or their designated representative) prior to initiating expropriation.
2. Opportunity for landowners to be present during inspections for appraisal purposes and to provide input to appraisers.
3. Good faith negotiations with landowners, including a minimum of five in-person negotiation efforts.
4. A written offer of just compensation, including a legal description of the property and the specific interest being acquired, as well as a description of any buildings or improvements on the property.
5. A minimum response period of at least ten calendar days from receipt of the written offer to supply additional information or counteroffer.
- Codification Reference: Act 414 (2025) is codified at R.S. 30:1108(C) and functions as an additional set of requirements beyond standard expropriation procedures for CCS activities.
HCR 80 serves as an official statement of the Louisiana Legislature affirming the primacy of private property rights in CCS-related expropriation, and it reiterates the protections established by the 2025 Landowner Bill of Rights (Act 414). It signals ongoing legislative support for ensuring property owners are notified, adequately compensated, and afforded meaningful opportunities to participate in the expropriation process when CCS facilities and pipelines are involved.
Compiled from official sources — confirm details with the bill’s official record.
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