Bill No.: HB0089 Drafter: DKG


LSO No.: 08LSO-0080 Effective Date: 7/1/2008


Enrolled Act No.: HEA0018


Chapter No.:


Prime Sponsor: Joint Judiciary Interim Committee


Catch Title: Ownership of subsurface pore space.


Subject: Specifying and clarifying ownership of subsurface pore space.


Summary/Major Elements:


         This bill was a companion bill to carbon capture and sequestration (HB 90). This bill:


o       Specifies that the owner of the surface estate owns the pore space in all strata below the surface. Pore space is the subsurface space which can be used to store carbon dioxide or other substances.


o       Specifies that a conveyance of the surface ownership conveys the pore space unless that ownership interest is severed. Pore space ownership may be conveyed in the same manner as conveyances of mineral interests in real property. Specific requirements for pore space ownership transfers are also provided.


o       Legal requirements for notice to real property owners are not required for pore space owners unless the law specifically identifies those owners as being required to be notified.


o       The dominance of the mineral estate and the correlative rights under the common law prior to the effective date of this act are not affected.


o       Conveyances after the effective date of the act are subject to the act. Conveyances before the effective date of the act are to be construed in accordance with the act unless a person claiming an ownership interest contrary to the provisions of the act establishes that interest by a preponderance of the evidence.