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HB 1414

Estate tax; reinstates tax for persons dying on and after July 1, 2024.

2025 Regular Session Introduced by Elizabeth Bennett-Parker

HB 1414 restricts eminent domain and common‑carrier duties for CO2 pipelines and related storage, limiting government access and potentially slowing CCS projects.

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Bill Summary · HB 1414

Summary — HB 1414 (North Dakota)

A bill to amend and reenact NDCC sections 32‑15‑02, 49‑19‑01, 49‑19‑11, and 49‑19‑19 and to repeal section 38‑22‑10, concerning common‑carrier status for carbon dioxide pipelines and the use of eminent domain for geological CO2 storage.

Main purpose / intent

HB 1414 seeks to (1) prevent the use of eminent domain by the State, political subdivisions, public utilities, or entities granted eminent‑domain power to build certain energy and carbon‑management infrastructure, and (2) remove or limit common‑carrier obligations that would apply to carbon dioxide (CO2) pipelines. The stated effect is to block compulsory property takings for projects related to carbon capture/transport/storage and certain clean energy infrastructure.

Key provisions and changes

  • Amends NDCC 32‑15‑02 (eminent domain uses):
    • Adds a new subsection prohibiting the exercise of eminent domain to construct infrastructure associated with:
    • Carbon capture;
    • Solar energy;
    • Wind energy;
    • Hydrogen energy;
    • Carbon dioxide transport for disposal in geological storage or geological sequestration;
    • Any project relying on federal 45Q tax credits (26 U.S.C. §45Q) or similar tax credits.
  • Amends NDCC 49‑19‑01 (definition of common pipeline carriers):
    • Adds a cross‑reference to the new subsection in 32‑15‑02 so that common‑carrier definitions are subject to the eminent‑domain prohibition; effectively revokes or limits common‑carrier status or obligations for CO2 pipelines as constrained by 32‑15‑02.
  • Amends NDCC 49‑19‑11 and 49‑19‑19 (nondiscrimination and carrier obligations):
    • Rewrites language governing pipeline carriers’ duty to carry without discrimination and prohibiting discrimination in rates/facilities, with the amendments tied to the limits established in 32‑15‑02.
  • Repeals NDCC 38‑22‑10 (the statute permitting exercise of public domain in geological storage of CO2) — removing statutory authority tied to public domain use for CO2 storage.

Who would be affected

  • Project developers and operators of CO2 pipelines, carbon capture and sequestration (CCS) projects, and related infrastructure (may lose eminent‑domain access and common‑carrier regulatory frameworks).
  • Landowners and private property holders (would be protected from eminent‑domain takings for the listed infrastructure types).
  • State and local governments, public utilities, and entities with eminent‑domain power (would be restricted from using that power for the enumerated projects).
  • Regulated industries and permitting authorities; potential downstream effects on industrial emitters planning CCS projects and on participation in federal incentives (e.g., 45Q).

Procedural / timeline status (as provided)

  • Introduced: November 19, 2024.
  • Legislative action: Reported in committee and reached second reading.
  • Outcome: Second reading — failed to pass (yeas 29, nays 55).

Potential practical and legal implications

  • Could substantially limit siting and financeability of CO2 transport and geological storage projects in North Dakota by removing statutory eminent‑domain authority and common‑carrier obligations.
  • May protect private property rights but could deter CCS investment and affect projects relying on federal 45Q credits.
  • Could prompt legal questions about federal preemption or interstate‑commerce implications if projects cross state lines; possible litigation if applied to interstate facilities.
  • Repeal of the public‑domain storage provision removes an explicit state statutory mechanism for public use of subsurface pore space for CO2 storage.

If you want, I can produce a one‑page fact sheet for landowners, a short analysis of likely industry responses, or cross‑reference related statutes (including the text of 38‑22‑10 that would be repealed).

Compiled from official sources — confirm details with the bill’s official record.

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