Section 9-17-161 - [Effective 10/1/2024] Pore space may be separately conveyed(a) The ownership of pore space in all strata below the surface lands and waters of this state is vested in the owners of the surface rights above the underlying strata where the pore space exists, unless the ownership interest in the pore space has previously been severed from the surface ownership or is explicitly excluded or reserved in a conveyance.(b) A conveyance of the surface ownership of real property shall be a conveyance of the pore space in all strata below the surface of the real property unless the ownership interest in the subsurface pore space has previously been severed from the surface ownership or is explicitly excluded or reserved in the conveyance. The ownership of pore space in strata may be conveyed in the manner provided by law for the transfer of surface interests in real property.(c) No previous agreement conveying or reserving oil, gas, or other mineral interests in real property shall act to convey or reserve ownership of any pore space or carbon dioxide storage rights in the stratum unless the agreement explicitly conveys or reserves subsurface space to be used for the geologic storage or sequestration or carbon dioxide.(d) No agreement conveying the right to use or occupy a storage facility, pore space, and potentially the surface or subsurface of the land incident thereto shall convey any other right of real property use, including oil, gas, or other minerals within the same instrument. Any agreement that violates this subsection is void; provided, however, this subsection shall not apply to any agreement executed before October 1, 2024.(e) The owner of any pore space right shall have no right to use the surface estate beyond that set out in a properly executed instrument nor in any manner that will adversely affect any existing easement, whether public or private.(f) Nothing in this section shall alter, amend, diminish, or invalidate any right to the use of pore space that was acquired by contract or lease prior to October 1, 2024.(g) In considering approving a storage facility to be used for the storage and sequestration of carbon dioxide pursuant to this division, the board shall consider both of the following:(1) Any competing rights of all separately owned estates in lands potentially affected by the storage facility, giving due consideration of competing rights as to existing or future uses by pore space, surface, and mineral owners that may be affected.(2) The distance of the storage facility from any current or future underground mining operation or other underground operation designed and operated for the extraction of minerals and the potential impact on the safety of these operations.(h) Other than as may regard a claim to an ownership interest in pore space, nothing in this division shall be construed to change, alter, diminish, or in any way affect the statutory or common law as of October 1, 2024, as it relates to the rights belonging to surface and mineral estates.Ala. Code § 9-17-161 (1975)
Added by Act 2024-325,§ 2, eff. 10/1/2024.