Save My Louisiana is a non-profit organization composed of citizen volunteers dedicated to informing, educating, and empowering fellow Louisiana citizens to defend and protect our foundational rights, ensure our public safety, and guard our future generations.
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Our current efforts are robustly aligned with the Coalition Against Carbon Capture and Sequestration (CCS). Our role in this vital Coalition is to legally challenge the steps the State Legislature has taken to authorize CCS corporations the power of eminent domain over the property rights of Louisiana citizens as guaranteed in our Louisiana Constitution, protect our life giving and sustaining water sources from possible carbon dioxide contamination, and secure the future of our generations to come.
The Purpose of Government
The sole purpose of government is to protect the Rights of men and those Rights are Life, Liberty and Property. Every law created, policy enacted and action taken by a government must find its origin and result in obtaining these ends. If laws, policies and actions do not support these ends, then the government has fallen short of the Will of the People.
Our Louisiana Constitution established the Louisiana government, authorized it’s powers and set limits on those powers. It must be understood that the Constitution is superior to the government and therefore the government is subordinate to the Constitution’s authority. The Constitution’s authority is found in the Will of the People. This means neither the Legislature, the Executive, nor the Judicial can extend their power beyond the Will of the People as defined and limited in the Constitution.
The very first sentence of our Constitution is found in it’s Preamble.
“We, the people of Louisiana, ….desiring to protect individual rights to life, liberty, and property….do ordain and establish this constitution.” (https://legis.la.gov/legis/Law.aspx?d=206274)
The first sentence of the Constitution tells us exactly what the purpose of the government would be. As though to ensure the message was clearly understood, the first Article and Section of the Constitution repeats the point.
Article 1, Section 1. Origin and Purpose of Government. All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and for the good of the whole. Its only legitimate ends are to secure justice for all, preserve peace, protect the rights, and promote the happiness and general welfare of the people. The rights enumerated in this Article are inalienable by the state and shall be preserved inviolate by the state. (https://legis.la.gov/legis/Law.aspx?d=206274)
Note that Article 1, Section 1 says, “The rights enumerated in this Article are inalienable by the state and shall be preserved inviolate by the state.” “Inalienable” means your rights cannot be alienated or separated from you by the state. “Inviolate” means they cannot be violated or broken. This statement both restricts the power of the government to separate you from your Rights and obligates the government to ensure your Rights are not violated. The message is clear, not even the government can separate or take away your rights guaranteed by this Constitution.
In the event the first two declarations are not fully understood, Article 1, Section 2, reiterates the matter and prescribes the ONLY manner these Rights can be taken away.
Article 1, Section 2. Due Process of Law. No person shall be deprived of life, liberty, or property, except by due process of law. (https://legis.la.gov/legis/Law.aspx?d=206285)
Our Guaranteed Right to Property
Of the three foundational Rights our government was formed to protect, Property is among them. Why would the Will of the People specifically name a Right to Property? The ownership and control of Property is essential to true independence, and independence is essential to one’s Liberty. Our Property is the best guarantor of our freedom and our generational wealth.
Because of the importance of the “Right to Property”, our Louisiana Constitution is very clear as to protections and limits on government power in relation to that Right. Below are excerpts from Article 1, Section 4 Right to Property.
Article 1, Section 4. Right to Property. Every person has the right to acquire, own, control, use, enjoy, protect, and dispose of private property.
(B)(1) Property shall not be taken or damaged by the state or its political subdivisions except for public purposes and with just compensation paid to the owner or into court for his benefit. Except as specifically authorized by Article VI, Section 21 of this Constitution property shall not be taken or damaged by the state or its political subdivisions: (a) for predominant use by any private person or entity; or (b) for transfer of ownership to any private person or entity.
(3) Neither economic development, enhancement of tax revenue, or any incidental benefit to the public shall be considered in determining whether the taking or damaging of property is for a public purpose pursuant to Subparagraph (1) of this Paragraph or Article VI, Section 23 of this Constitution.
(4) Property shall not be taken or damaged by any private entity authorized by law to expropriate, except for a public and necessary purpose and with just compensation paid to the owner; in such proceedings, whether the purpose is public and necessary shall be a judicial question.
(5) In every expropriation or action to take property pursuant to the provisions of this Section, a party has the right to trial by jury to determine whether the compensation is just, and the owner shall be compensated to the full extent of his loss. Except as otherwise provided in this Constitution, the full extent of loss shall include, but not be limited to, the appraised value of the property and all costs of relocation, inconvenience, and any other damages actually incurred by the owner because of the expropriation.
(https://legis.la.gov/legis/Law.aspx?d=206294)
The Constitution is very clear in it’s intent that property “shall not be taken” for use by a private person or entity, for economic development or tax revenue, and that if a “public purpose” requires property to be taken, “public purpose” would be a judicial question and that the owner must receive “just compensation”. The owner is even guaranteed “the right to trial by jury to determine whether the compensation is just.”
What the Legislature Has Done
In 2020, the State Legislature passed a special law (ACT 61) (https://legis.la.gov/legis/ViewDocument.aspx?d=1180294 ) that subverted the fundamental guarantee of the Right to Property by the Constitution and subordinated Louisiana citizen’s right to property to private corporations. In violation of the Constitution, the Legislature authorized “any storage operator is herby authorized…to exercise the power of eminent domain and to expropriate needed property to acquire surface and subsurface rights and property interests necessary…”. This was then codified in Louisiana law in Revised Statue, Title 30, Section 1108. (R.S. 30:1108 (https://legis.la.gov/legis/Law.aspx?d=670794)).
In taking this act, the Louisiana Legislature passed a special law in clear violation of the Constitution that gave PRIVATE companies the authority to declare eminent domain over your private property and take that property from you! No where in the Constitution is the Legislature given this power. As a matter of fact, the Legislature is specifically “prohibited” from such action in Article 3, Section 12.
Article 3, Section 12. Prohibited Local and Special Laws
Section 12.(A) Prohibitions. Except as otherwise provided in this constitution, the legislature shall not pass a local or special law:
(7) Creating private corporations, or amending, renewing, extending, or explaining the charters thereof; granting to any private corporation, association, or individual any special or exclusive right, privilege, or immunity. (https://legis.la.gov/legis/Law.aspx?p=y&d=206408)
Giving private corporations the the right, “to exercise the power of eminent domain and to expropriate needed property” is a “special law” granting a special “privilege”. No other person or entity has such authority other than the state and its’ political subdivisions under the authority of the Constitution and its prescribed limits. But wait, it gets worse. The Legislature even further extended this power to “foreign entities”! R.S. 19:2:12 “Subject to any applicable limitations in this Section, any domestic or foreign corporation, limited liability company, or other legal entity created for the purpose of, or engaged in, any of the activities otherwise provided for in this Section. (https://legis.la.gov/legis/Law.aspx?d=81784)
The above is just the surface of the web of deceit and betrayal the Legislature has engaged. Between 2020 and 2024, the Louisiana Legislature passed a series of laws that violate your Right to Property and given private corporations engaged in the carbon capture and sequestration industry dominance over you, removed your right to a trial by jury and redefined how compensation is to be addressed. (ACT 315 (H.B. 1117) in 2008, ACT 517 (H.B. 661) in 2009, ACT 61 (S.B. 353) in 2020, ACT 326 (H.B. 572) in 2021, ACT 620 (H.B 492) in 2024 and ACT 645 (H.B. 966) in 2024.)
How did this happen? Who voted for this?
Link to LACAG giving the vote
What Save My Louisiana is Doing
As is clearly evident, our Constitutional Right to Property is in grave danger and that danger has come from our Legislature. If left unchallenged and unchecked, what other Rights will Legislators attempt to undermine and take from us? We MUST act and correct this malfeasance of our Legislature.
Save My Louisiana is exercising our Rights and challenging this unconstitutional law and others like it through the legal mechanisms available. We are petitioning the state’s judicial branch to recognize and declare this law and others like it unconstitutional.
These are your Rights of which those you trusted to represent you in Baton Rouge have trampled and in so doing, failed to fulfill their basic oath of office to uphold the Constitution. Please join us to complete this incredibly important work in DEFENDING OUR RIGHTS!
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CARBON CAPTURE SEQUESTRATION- EMINENT DOMAIN. TO LEARN HOW YOUR LEGISLATOR VOTED, CLICK ON THE LINK UNDER THE VOTE COUNT.
2008- ACT 315 (HB 1117) by Rep. Jim Morris provides for the use of eminent domain for the storage of carbon dioxide.
House vote: YES-95 NO-0 ABSENT-10
https://www.legis.la.gov/legis/ViewDocument.aspx?d=483670
Senate vote: YES-33 NO-0 ABSENT-5 https://www.legis.la.gov/legis/ViewDocument.aspx?d=492264
2009- ACT 517 (HB 661) by Rep. Jim Morris provides for the use of eminent domain for CCS pipelines and injections wells.
House vote: YES-97 NO-0 ABSENT-7
file://C:\Temp\Copy of House Vote on HB 661, FINAL PASSAGE (#63
Senate vote: YES-39 NO-0 ABSENT-0
file://C:\Temp\Copy of Senate Vote on HB 661, FINAL PASSAGE (#9
2020- ACT 61 (SB 353) by Sen. Sharon Hewitt provides that CCS is a public good as a matter of Louisiana public policy, and provides for eminent domain by private companies for CCS pipelines and injection wells.
Senate vote: YES-36 NO-0 ABSENT-3
https://www.legis.la.gov/legis/ViewDocument.aspx?d=1171202
House vote: YES-98 NO-0 ABSENT-7
https://www.legis.la.gov/legis/ViewDocument.aspx?d=1177407
2021- ACT 326 (HB 572) by Rep. Malinda White adds hydrogen, nitrogen, ammonia, compressed air, and noble gases to the list of substances for which eminent domain may be used for underground storage.
House vote: YES-92 NO-0 ABSENT-12
https://www.legis.la.gov/legis/ViewDocument.aspx?d=1221342
Senate vote: YES-37 NO-0 ABSENT-1 https://www.legis.la.gov/legis/ViewDocument.aspx?d=1232462
2024- ACT 620 (HB 492) by Rep. Brett Geymann expands eminent domain authority by private corporations for CCS pipelines.
House vote: YES-94 NO-4 ABSENT- 7
https://www.legis.la.gov/legis/ViewDocument.aspx?d=1366250
Senate vote: YES-38 NO-0 ABSENT-1 https://www.legis.la.gov/legis/ViewDocument.aspx?d=1377374
2024- ACT 645 (HB 966) by Rep. Brett Geymann authorizes “unitization” for CCS projects, if 75% of the affected landowners agree. Unitization would allow eminent domain to acquire the other 25%.
House vote: YES- 92 NO-6 ABSENT-7
https://www.legis.la.gov/legis/ViewDocument.aspx?d=1366351
Senate vote:YES-36 NO-0 ABSENT-3