Sec. 25. Compensation for damages to the surface.

566 words·~3 min read·/il/chapter-415/act-185/25

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An affected pore space owner is entitled to reasonable compensation from the sequestration operator for damages resulting from surface access to the affected pore space owner's property for required activities taken under a Class VI well permit or carbon sequestration activity permit, including:

(1)compensation for damage to growing crops, trees, shrubs, fences, roads, structures,

improvements, personal property, and livestock thereon and compensation for the loss of the value of a commercial crop impacted by required activities taken by a sequestration operator under a Class VI well permit or carbon sequestration activity permit; the value of the crop shall be calculated based on local market price by:

(A)determining the average per acre yield for the same crop on comparable adjacent

acreage;

(B)determining the price received for the sale of the same crop on comparable

adjacent acreage;

(C)determining the acreage of the area impacted by Class VI well permit activities

and applying the determined price; and

(D)the initial determination of the value of the crop shall be determined by the

affected pore space owner and submitted to the sequestration operator;

(2)compensation to return the surface estate, including soil conservation practices,

such as terraces, grassed waterways, and other conservation practices, to a condition as near as practicable to the condition of the surface prior to accessing the property;

(3)compensation for damage to the productive capability of the soil resulting from

compaction or rutting, including, but not limited to, compensation for when a sequestration operator accesses a property where excessively wet soil conditions would not allow normal farming operations due to increased risk of soil erosion, rutting, or compaction; if there is a dispute between the sequestration operator and the affected pore space owner regarding the value of the damage to the productive capability of the soil, the sequestration operator shall consult with a representative of the soil and water conservation district in the respective county where the parcel of property is located for recommendations to restore the productive capability of the soil; and

(4)compensation for damage to surface and subsurface drainage, including, but not

limited to:

(A)compensation in that the sequestration operator shall perform immediate and

temporary repairs for damage that occurs to subsurface drainage tiles that have water actively flowing through them at the time of damage; and

(B)compensation such that the sequestration operator shall compensate the affected

pore space owner to permanently restore drainage to a condition as near as practicable to the condition of the drainage prior to accessing the property.

(b)The compensation for damages required by subsection

(a)shall be paid in any manner mutually agreed upon by the sequestration operator and the affected pore space owners. Unless otherwise agreed, the sequestration operator shall tender to the surface owner payment by check or draft in accordance with this Section 45 no later than 60 days after completing the required activities under a Class VI well permit or carbon sequestration permit if the occurrence or value of damages is not disputed. The pore space owner's remedy for unpaid or disputed compensation shall be an action for damages in any court of competent jurisdiction for the parcel of property or the greater part thereof on which the activities were conducted and shall be entitled to recover reasonable damages and attorney's fees if the pore space owner prevails.