Pore Space as a Property Right: What is it, Who owns it and What is it Worth?

Published February 5th, 2018 by Falen Law Offices, L.L.C.

With the rising concern over global warming and climate change during the early 2000’s, carbon capture and sequestration (“CCS”) and increased use of natural gas have received much more focus as viable options to reduce the amount of greenhouse gas emissions into the atmosphere. Consequently, energy industries have increasingly been looking to pore space to store CCS deposits and natural gas inventories. As more and more landowners are contacted by energy industry groups seeking to lease, negotiate a right-of-way or—especially in the case of natural gas—to condemn the pore space underlying the land, many landowners have wondered what pore space is and what their rights to it are. The following article should shed some light on these pressing questions.

Pore Space as Private Property PDF

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