{"data":{"id":"us-ky/krs-353.449","jurisdiction":"us-ky","citation":"KRS 353.449","heading":"Agreement of pore space owners -- Nonconsenting owners -- Inclusion of","body":"pore space by order of cabinet -- Pooling order -- Costs -- Hearing -- Seismic\nsurvey -- Liability.\n(1) If a sequestration operator is unable, after reasonable effort, to obtain the consent of\nall pore space owners within a proposed reservoir for an underground carbon\ndioxide sequestration facility, the cabinet may on petition satisfying the conditions\nestablished in this section, issue an order that the identified pore spa ce owned by\nnonconsenting owners be included in a sequestration facility for the purpose of\ngeologic sequestration of carbon dioxide pursuant to subsection (5) of this section.\n(2) The Class VI permit applicant shall negotiate in good faith with the pore s pace\nowners and acquire rights needed to access the pore space.\n(3) Except for temporary access in cases of emergency, the cabinet shall not allow any\nsurface disturbance on any surface tract or tracts overlying the pore space of a\nnonconsenting owner.\n(4) The sequestration operator shall provide a list to the cabinet of all persons\nreasonably known to own an interest in pore space proposed to be included in the\nreservoir.\n(5) (a) If the applicant or operator cannot reach an agreement with the owners of the\npore space acreage in a proposed reservoir, but has secured written consent\nfor at least seventy -five percent (75%) of the pore space acreage in the\nproposed reservoir, all the pore space in the sequestration reservoir shall be\ndeclared to be included wit hin the proposed sequestration facility if the\ncabinet finds that the requirements of this section have been met.\n(b) For the purposes of this section, the interests of any unknown or missing pore\nspace owners may be declared to be included through the poo ling order\nprovided reasonable effort to locate and notify the owners has been made and\nthe sequestration operator has complied with the publication requirements of\nsubsection (7) of this section. A pooling order shall be made only after the\ncabinet provid es notice to all pore space owners proposed to be included\nwithin the order.\n(6) The applicant shall pay to the cabinet all costs associated with the conduct of the\nadministrative hearing as assessed in the pooling order. The payment shall be made\nprior to the pooling order becoming effective. These funds shall be deposited into\nthe carbon dioxide sequestration facility administrative fund established in KRS\n353.437.\n(7) If the proposed pooling order concerns pore space with unknown or missing\nowners, the s equestration operator shall, after reasonable efforts to locate the pore\nspace owners, publish one (1) notice in the newspaper of the largest circulation in\neach county in which the pore space is located. The notice shall appear no more\nthan forty-five (45) days nor less than thirty (30) days prior to the initial application\nfor the pooling order. The applicant shall file proof of notice with the cabinet\nconcurrently with the application. The notice shall:\n(a) State that an application for a pooling order has been filed with the cabinet;\n(b) Describe the property under which the pore space proposed to be collectively\nused is located;\n(c) In the case of an unknown pore space owner, indicate the name of the last\nknown owner;\n(d) In the case of a missing pore space owner, identify the owner and the owner's\nlast known address; and\n(e) State that any person claiming an interest in the pore space proposed to be\ncollectively used shall notify the cabinet and the Class V I permit applicant at\nthe published address within twenty (20) days of the publication date.\n(8) A pooling order shall authorize the injection and sequestration of carbon dioxide\nbeneath the tract or portion thereof. The pooling order shall identify the\ncompensation to be paid to unknown, missing, and nonconsenting pore space\nowners and the basis for valuation of the collective interest. The cabinet may\nconsider evidence submitted by nonconsenting pore space owners as to the\nvaluation of their interest.\n(9) Except for temporary access in cases of emergency, the pooling order issued by the\ncabinet shall not authorize any surface entry or surface disturbance by the permittee\non any surface tract or tracts overlying the pore space of a nonconsenting, missing,\nor unknown owner.\n(10) A certified copy of any pooling order and a survey of the sequestration field shall\nbe maintained by the cabinet.\n(11) If the cabinet or US EPA requires a seismic survey of lands owned by the\nnonconsenting surface owner and an operato r is unable to reasonably obtain by\nnegotiation with a property owner the right to conduct seismic surveys on lands\nowned by the nonconsenting surface owner, then:\n(a) The cabinet may issue an order allowing the operator to conduct a seismic\nsurvey of the lands owned by the nonconsenting surface owner from outside\nthe boundaries of the lands owned by the nonconsenting surface owner;\n(b) The operator shall, prior to conducting the survey, pay the surface owner just\nand reasonable compensation as established by the cabinet; and\n(c) Any data obtained by the operator through a seismic survey of the lands\nowned by a nonconsenting surface owner shall be held as confidential and\nshall be used only by the permittee, the cabinet, and US EPA for the purpose\nof satisfying statutory or regulatory requirements.\n(12) Except for the authorized persons and circumstances in subsection (11) of this\nsection, any person disclosing confidential seismic survey data may be liable to the\nnonconsenting surface owner as provided under law.\n(13) The operator shall defend, indemnify, and hold harmless the property owner for all\nclaims arising out of any surface or subsurface entry onto the property by the\noperator, its contractors, and its agents, except those claims arising from the\nintentional acts of a property owner.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57877","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:39Z","sha256":"f9d534f5e4932c39a64d4ec3a9b7eac181907f221127d42cd69dc8da3f9ce5cb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.447","next":"us-ky/krs-353.451"},"notice":"GroundRules: Original legal text. Not legal advice."}