BILL NUMBER:A10971
TITLE OF BILL: An act to amend the environmental conservation law, in
relation to specifying ownership of pore space in strata underlying
the surface of land and water
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is
to clarify the ownership of pore space underlying surfaces.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: The environmental
conservation law is amended by adding a new section 23-1309.
Section 2: Effective date.
JUSTIFICATION: This legislation will clarify ownership of pore space
underlying surfaces of land. The legislation clarifies that the
surface owner of real property owns the pore space beneath the land
and as much has the right to lease or deny underground storage rights.
PRIOR LEGISLATIVE HISTORY: This is new legislation.
FISCAL IMPLICATIONS: This legislation will have no fiscal implication
for the state or local government.
EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
10971
I N A S S E M B L Y
May 5, 2010
___________
Introduced by M. of A. PARMENT -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to spec-
ifying ownership of pore space in strata underlying the surface of
land and water
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 23-1309 to read as follows:
S 23-1309. OWNERSHIP OF PORE SPACE UNDERLYING SURFACES.
1. 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.
2. A CONVEYANCE OF THE SURFACE OWNERSHIP OF REAL PROPERTY SHALL BE A
CONVEYANCE OF THE PORE SPACE IN ALL STRATA BELOW THE SURFACE OF SUCH
REAL PROPERTY UNLESS THE OWNERSHIP INTEREST IN SUCH PORE SPACE PREVIOUS-
LY HAS BEEN SEVERED FROM THE SURFACE OWNERSHIP OR IS EXPLICITLY EXCLUDED
IN THE CONVEYANCE. THE OWNERSHIP OF PORE SPACE IN STRATA MAY BE CONVEYED
IN THE MANNER PROVIDED BY LAW FOR THE TRANSFER OF INTERESTS IN REAL
PROPERTY. NO AGREEMENT CONVEYING MINERAL OR OTHER INTERESTS UNDERLYING
THE SURFACE SHALL ACT TO CONVEY OWNERSHIP OF ANY PORE SPACE IN THE STRA-
TUM UNLESS THE AGREEMENT EXPLICITLY CONVEYS THAT OWNERSHIP INTEREST.
3. AS USED IN THIS SECTION, THE TERM "PORE SPACE" IS DEFINED TO MEAN
SUBSURFACE SPACE OF ANY SIZE AND WHETHER VACANT OR FILLED WHICH CAN BE
USED AS STORAGE SPACE FOR SUBSTANCES INJECTED INTO THE SPACE FOR STORAGE
SEQUESTRATION.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CHANGE OR ALTER
MINERAL RIGHTS WHICH EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
5. ALL INSTRUMENTS WHICH TRANSFER THE RIGHTS TO PORE SPACE UNDER THIS
SECTION SHALL DESCRIBE THE SCOPE OF ANY RIGHT TO USE THE SURFACE ESTATE.
THE OWNER OF ANY PORE SPACE RIGHT SHALL HAVE NO RIGHT TO USE THE SURFACE
ESTATE BEYOND THAT SET OUT IN A PROPERLY RECORDED INSTRUMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17070-01-0
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