Idaho Memorandum of Subsurface Underground Carbon Dioxide Storage Lease and Agreement

State:
Multi-State
Control #:
US-OG-1039
Format:
Word; 
Rich Text
Instant download

Description

This form is a memorandum of subsurface underground carbon dioxide storage lease and agreement.

How to fill out Memorandum Of Subsurface Underground Carbon Dioxide Storage Lease And Agreement?

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FAQ

[C]ourts in Montana, Oklahoma, Louisiana, New York, Michigan, West Virginia, New Mexico, and California all recognize the surface owner's ownership of underground pore space for gas storage operations.

Ownership. W.S. § 34-1-152 grants pore space ownership to the surface owner and allows it to be severed from the surface and separately conveyed.

On average, 100 acres of forested lands removes 115 tons of carbon dioxide each year.

Kentucky, on the other hand, appears to be an outlier that ties ownership of ?pore space? to the owner of the mineral rights. Many other states, like Indiana, have no case law directly addressing this issue.

As used in this section, pore space is real property and, until title to the pore space or rights, interests or estates in the pore space are separately transferred, pore space is property of the person or persons holding title to the land surface above it.

(a) The ownership of all pore space in all strata below the surface lands and waters of this state is declared to be vested in the several owners of the surface above the strata.

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Idaho Memorandum of Subsurface Underground Carbon Dioxide Storage Lease and Agreement