Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 302 - GUIDELINES FOR CARBON DIOXIDE TRANSPORTATION AND SEQUESTRATION › Appendix B - Statement of Information from the Illinois Commerce Commission Concerning Acquisition of Easement in Property or any Interest in Property by Illinois Owners or Operators Under the Carbon Dioxide Transportation and Sequestration Act

Current through Register Vol. 48, No. 28, July 12, 2024
A representative of an Owner or Operator of a carbon dioxide
				pipeline is contacting you to negotiate the purchase of an easement in property or
				in any interest in property over or through property that you own, or in which you
				have an interest as an owner. The company proposes to construct, operate and
				maintain certain facilities on your land, as set forth in the accompanying letter.
				The company representative contacting you will further explain the proposed
				project.
The purpose of this Statement is to provide you with general
				information regarding the Illinois Commerce Commission's ("Commission") regulatory
				process governing a company's proposed project, including the procedures that
				companies must follow before they can exercise their limited grant of authority to
				take and acquire an easement in any property or interest in property for
				construction, operation or maintenance of a carbon dioxide pipeline in the manner
				provided for the exercise of the power of eminent domain under the Eminent Domain
				Act [735 ILCS 30 ]. This Statement covers several questions that landowners commonly
				pose to Commission staff members about proceedings at the Commission that relate to
				a company's proposed project when a company seeks to place facilities on or near the
				landowner's property. This Statement, however, is not a legal opinion concerning
				your rights under the law or the Commission's rules. It also is not a detailed
				analysis of the procedures involved. If you have any questions concerning your legal
				rights, you may wish to consult an attorney.
Requests for a Certificate of Authority under
				the
Carbon Dioxide Transportation and Sequestration
				Act
Before constructing, operating or maintaining a carbon dioxide
				pipeline, an Owner or Operator must obtain a certificate of authority from the
				Commission under Section 20 of the Carbon Dioxide Transportation and Sequestration
				Act [220 ILCS 75/20 ]. To
				obtain a certificate, the Owner or Operator files an application with the Commission
				describing the proposed project. The Commission then initiates a proceeding to
				consider evidence regarding the application and notifies the potentially affected
				landowners of the date, time and place of the initial hearing regarding the proposed
				project. The courts, not the Commission, make the final decision as to whether the
				company can acquire the easement in property or in any interest in property and, if
				so, the compensation that the company will pay to the landowner.
Attempts by Owners and Operators to Acquire Property
				Rights
An Owner or Operator may seek to purchase land or acquire a right
				for use of the land. Alternatively, an Owner or Operator representative may seek to
				obtain an option to purchase land or land rights at a future date. A company
				representative will provide affected or potentially affected landowners with
				information regarding the price and other terms that the Owner or Operator intends
				to offer for the easement in property or any interest in property. The Owner or
				Operator uses its own forms for this type of transaction. The Commission does not
				require a company seeking to acquire an easement in property or any interest in
				property to use any particular form.
The price and other terms for the easement in property or any
				interest in property is a matter of negotiation between each landowner and an Owner
				or Operator. The Commission does not participate in the negotiation. The Commission
				also does not establish or approve the negotiated price and other terms for the
				acquisition of an easement in property or any interest in property. Negotiation
				involves discussion and bargaining in an effort to reach a mutual agreement. During
				the negotiations, and at any time, you may be represented by an attorney. However,
				you are under no obligation to retain anyone to provide legal counsel. Further, you
				are under no obligation to negotiate or reach an agreement with the company that is
				seeking to acquire an easement in property or any interest in property. The
				Commission does not require the Owner or Operator to obtain an easement by
				negotiating a fixed amount or percentage of property or any interest in property
				necessary for the project before it seeks Commission authorization to acquire an
				easement in property or any interest in property.
The Commission will make its final decision regarding a project's
				route in certificate proceedings. Once an Owner or Operator obtains a certificate of
				authority, issues such as the specific route of the project are not typically
				reconsidered in subsequent proceedings before the Commission or addressed before the
				courts. You should not delay in taking whatever action that you believe is, or may
				be, necessary to protect your property interests. If you elect to negotiate with a
				company, the Commission encourages you or your representative to negotiate
				vigorously.
If you have any questions about this Statement or Commission rules
				and procedures, please contact:
Director, Safety & Reliability Division
Illinois Commerce Commission
527 East Capitol Avenue
Springfield, Illinois 62701
Please address specific questions concerning your individual
				property to the company representative.