House Committee Votes to Keep Using Expropriation for Carbon Capture Sites

 In an effort to end one of the long-standing objections to carbon capture sequestration in Louisiana, State Rep. Mike Johnson (R-Pineville) offered House Bill 7, which would prohibit the use of expropriation by private entities in the state for carbon capture projects.

The House Committee on Natural Resources and Environment heard the bill, which was named the Landowner Protection Act.

Rep. Johnson is Speaker Pro-Tem in the Louisiana House of Representatives and is not to be confused with House Speaker Mike Johnson (D-LA) of the U.S. House of Representatives.

Property owners from across the state traveled to the State Capitol to testify for HB7, in an effort to protect their land from expropriation.  There are currently 65 major carbon capture projects underway in Louisiana, which would bury 135 million tons of carbon underground in the state every year.

At the State Capitol, Senate President Cameron Henry and House Speaker Phillip Devillier have said one of their top priorities of the session is to prevent the passage of any legislation that would take away expropriation of private property for carbon capture projects.

While supporters of HB7 were testifying, Devillier was sitting with committee, apparently serving as the “enforcer” to make sure none of the members of the House committee deviated from the scripted outcome.

Former Rep. Woody Jenkins, who authored the Right to Property section of the Louisiana Constitution, which is Section 4 of the Declaration of Rights, said the use of expropriation for carbon capture is illegal under the Constitution.

He said, “Under our state constitution, expropriation by a private entity must be for a ‘public and necessary’ project. Carbon capture is a private purpose for businesses’ profits alone.  It is different from a public utility serving the public or a common carrier. Further, it is not a ‘necessary’ purpose.  The purpose to get federal tax credits.”

Nevertheless, the committee voted 12-7 to kill Johnson’s bill.  The vote was as follows:

•To stop expropriation were Reps. Lauren Ventrella of Central Carrier, Coates, Dewitt, Geymann, Sherman Mack, McCormick, and (7)

•Voting to continue expropriation were: Reps. Paul Sawyer of Baton Rouge, Brand, Brass, Bryant, Domange, Travis Johnson, Kerner, Lacombe, Jacob Landry, Orgeron, Riser, and Zeringue (12)

The committee then voted to bottle the bill up in the committee to prevent it from a floor vote.