# Pore Space Rights vs Mineral Rights

**TL;DR:** Pore space rights — the legal right to use subsurface void space for CO2 sequestration or other storage — are legally distinct from mineral rights in most states. North Dakota, Wyoming, Indiana, Illinois, and Kentucky generally vest pore space in the surface owner, while Texas treats it as part of the mineral estate. CCS leases are typically negotiated with pore space owners, not mineral owners, though mineral owner consent may still be required.

## Key Takeaways

- **Pore space rights are legally separate from mineral rights** — mineral rights allow extraction FROM formations; pore space rights allow storage INTO formations.
- **North Dakota, Wyoming, and Indiana statutes explicitly vest pore space ownership in the surface owner**, not the mineral owner.
- **Illinois, Kentucky, and Louisiana** treat pore space as part of the surface estate through case law or civil code frameworks.
- **Texas is an outlier** — case law (Mapco v. Carter; Lightning Oil v. Anadarko) generally treats pore space as part of the mineral estate, with complications.
- **CCS (carbon capture and sequestration) leases are signed with the pore space owner**, typically the surface owner, not the mineral rights holder.
- **Mineral owner consent or non-objection may still be required** during EPA Class VI permitting to ensure CCS does not interfere with future mineral development.
- **If you own minerals only in IL, IN, KY, ND, or WY, you generally do not own pore space**; conversely, surface-only owners may own pore space even without minerals.
- **This is a rapidly developing legal area** — owners should consult qualified professionals before signing any CCS-related documents.

## Page Highlights

**What Are Pore Space Rights?** — Pore space is the void space within subsurface rock formations (microscopic spaces between mineral grains and within fractures) that can hold fluids, gases, or other substances. Pore space rights are the legal rights to use that void space, distinct from rights to extract minerals. The rise of carbon capture and sequestration (CCS) has made pore space commercially valuable, as sequestered CO2 must be stored in deep saline aquifers or other formations.

**How Pore Space Differs From Mineral Rights** — Mineral rights authorize extraction of oil, gas, and other minerals FROM the formation; pore space rights authorize putting substances INTO the formation, occupying the void space. For most of U.S. legal history, pore space ownership was undefined, but states have begun enacting statutes to explicitly allocate ownership as CCS becomes a multi-billion-dollar industry.

**State-by-State Framework** — North Dakota (NDCC §47-31), Wyoming (Wyo. Stat. §34-1-152), and Indiana vest pore space in the surface owner by statute. Illinois has CCS-specific statutes and court decisions treating pore space as part of the surface estate. Kentucky case law treats pore space as part of the surface estate. Texas case law (Mapco v. Carter, Lightning Oil Co. v. Anadarko) generally treats pore space as part of the mineral estate, with significant complications. Louisiana's Civil Code framework treats pore space as part of the surface estate.

**Practical Implications** — If you own minerals only (not surface) in IL, IN, KY, ND, or WY, you generally do not own pore space. If you own surface only in a severed-mineral situation, you may own pore space even without minerals. CCS leases are typically signed with the pore-space owner (usually the surface owner), though mineral owner consent may still be required to ensure CCS does not interfere with future mineral development. This is a complex legal area in active development; consult qualified professionals before signing any CCS-related documents.

**Selling Mineral Rights in CCS-Active Areas** — Buckhead Energy purchases mineral interests across the Illinois Basin and other CCS-active regions, offering free valuations and direct purchase offers.

## Related Topics

- [How to Sell Mineral Rights](https://www.buckheadenergy.com/how-to-sell-mineral-rights)
- [What Are My Minerals Worth?](https://www.buckheadenergy.com/what-are-my-minerals-worth)
- [Should I Sell? Beginner's Guide](https://www.buckheadenergy.com/should-i-sell-mineral-rights)
- [Getting a Fair Price](https://www.buckheadenergy.com/getting-fair-price-mineral-rights)

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