Sec. 4. Only the rights in land necessary for use in connection with: (1) the underground storage of gas and those subsurface strata adaptable for underground storage of gas; and (2) the carbon sequestration pilot project established under IC 14-39-1 ; may be appropriated and condemned under this chapter. Rights in the subsurface of land constituting a part of a geological structure are deemed necessary to the operation of an underground storage reservoir in the structure. In determining the compensation to be paid to the owner of an oil producing stratum, or interest in the stratum, condemned under this chapter, proof may be offered and consideration must be given to potential recovery, if any, of oil from a stratum by secondary or other subsequent recovery processes in addition to potential recovery by a primary process. [Pre-2002 Recodification Citation: 32-11-4-4.]
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