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Carbon Capture and Storage: Models for Compensating Holdout Landowners

2023
Scholarly Work
Keith Hall
Federal Policy/Guidance
State Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
CCS Liability, Pore Space Ownership
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Summary/Abstract

In a previous article, the author argued that the owner of subsurface pore space should not be able to use her property ownership to block a CCS project, but this author argued that CCS is distinguishable from air travel and that the owner of subsurface pore space should be entitled to compensation. But this author did not present a specific model for compensation or for the CCS operator to acquire subsurface rights from neighbors. This article discusses three potential models for compensation, showing that each has support in existing legal precedent for compensating landowners affected by a neighbor’s underground activities.

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