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HCR 61

PROPERTY: Authorizes and directs the Louisiana State Law Institute to study the constitutional authority to expropriate property

2026 Regular Session Introduced by Chuck Owen

Louisiana lawmakers task a study to determine if private eminent domain for underground CO2 storage complies with public purpose, potentially guiding reforms.

Taken by the Clerk of the House and presented to the Secretary of State in accordance with the Rules of the House.
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Bill Summary · HCR 61

Legislative Bill Summary — HCR 61 (2026 - Louisiana)

1) Purpose and Intent

  • HCR 61 directs the Louisiana State Law Institute (LSLI) to study the constitutionality and implications of the Plaquemines Port Harbor and Terminal District v. Nguyen decision (Louisiana Supreme Court, issued March 6, 2026).
  • The focus is on how the Nguyen decision affects the Louisiana Geologic Sequestration of Carbon Dioxide Act (R.S. 30:1101 et seq.), originally enacted in 2009 and amended in 2020 (Act No. 61) and later administrative changes (Act No. 620 in 2024 updated definitions).
  • The overarching aim is to assess whether the eminent domain and expropriation authority granted to private entities for underground carbon capture and storage (CCS) remains consistent with Louisiana’s constitutional “public purpose” requirement and to consider legislative reforms.

2) Key Provisions and Changes Proposed

  • Authorization: The LSLI is instructed to conduct a comprehensive study of:
    • The Nguyen decision and its interpretation of “public purpose” under Article I, Section 4 of the Louisiana Constitution.
    • The statutory framework for CCS-related eminent domain under the 2009 Act (Act No. 517) and subsequent amendments (2020 Act No. 61; 2024 Act No. 620 changing certain definitions).
  • Analysis Focus:
    • Whether the expropriation powers granted to private entities for underground CO2 storage align with current constitutional requirements.
    • The extent to which the existing statutes may create constitutional vulnerabilities or risk litigation, regulatory instability, or socio-economic disruption in the carbon capture, utilization, and storage sector.
  • Deliberations and Recommendations:
    • The LSLI will evaluate the advisability of repealing, amending, or replacing those provisions to eliminate constitutional vulnerabilities, protect public safety and property rights, and support economic development.
  • Reporting Requirement:
    • The LSLI must produce a written report detailing findings, conclusions, and any proposed legislation.
    • Send the report to the House Committee on Civil Law and Procedure and the Senate Committee on Judiciary A.
    • Submission deadline: no later than February 1, 2027.
    • Deliverables: one printed copy and one electronic copy to the David R. Poynter Legislative Research Library as required by law.

3) Who or What Is Affected

  • Government and Public Entities: Louisiana state government, political subdivisions, and agencies involved in CCS regulation and land/energy matters.
  • Private Parties: Private corporations and partnerships that may hold or seek eminent domain powers for carbon sequestration projects.
  • Carbon Capture Industry: Stakeholders in CCS projects, including developers and lessees who may rely on expropriation authority for storage sites.
  • Legal Landscape: Courts and litigants involved in eminent domain disputes related to CCS.

4) Procedural and Timeline Aspects

  • Acted by: 2026 Regular Session (HCR 61 introduced and assigned).
  • Reporting Timeline: The LSLI must submit its written report by February 1, 2027.
  • Process: Concurrent resolution by the House of Representatives and Senate directing the LSLI to study the Nguyen decision and CCS statute framework.

5) Practical Implications

  • The resolution does not change law or create new authorities by itself; it initiates a formal, structured legal study.
  • Depending on findings, the Legislature could consider targeted reforms to ensure constitutional compliance, reduce litigation risk, and provide clearer guidance for CCS projects and private expropriation scenarios.
  • The study may influence future legislation related to eminent domain, CCS regulation, and property rights in Louisiana.

If you’d like, I can provide a concise comparison of Nguyen’s key constitutional concerns with the current CCS statute provisions to illustrate possible reform directions.

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

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