The Kentucky House of Representatives voted 94 to 5 in favor of a bill to permit companies constructing carbon dioxide (CO2) pipelines to use eminent domain to acquire pipeline right-of-ways. This is a long time practice approved for pipelines for oil and natural gas. There are several requirements contained in Kentucky HR 213. The CO2 pipelines must be used to transport CO2 for sequestration, enhanced oil recovery or other CO2 management programs. In addition, the existing ‘Eminent Domain Act of Kentucky’ legislation must be followed.

Kentucky HR-213 is not law yet. The bill will be sent to the Kentucky Senate and the Senate must vote for the bill. After Senate approval, the bill must be signed by the Governor of Kentucky. The Governor of Kentucky supports coal gasification project development in the state and is widely expected to sign the legislation when it reaches his desk.