Banning Hydrofracking Is Not A “Taking” of Property

As the public sentiment grows for a ban on High Volume Hydrofracking (HVHF), 
lawyers and others who speak for corporate profit-making opportunities in 
natural gas say that laws banning or limiting gas drilling is a “taking” of 
property.  Even some who seem to be on our side make the same claim.  This claim 
is groundless and misguided.  It is a scare tactic to prevent public pressure on 
our elected officials against HVHF. 

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Company sues Morgantown over drilling ban

From West Virginia Public Broadcasting:

June 27, 2011 · Morgantown's new ban on Marcellus shale gas drilling within a mile of its borders is facing a court challenge. The ordinance applies only to unconventional horizontal gas wells and a practice known as hydraulic fracturing, or fracking.

Northeast Natural Energy sued the city last week in Monongalia County Circuit Court.

 It was joined in the lawsuit by Enrout Properties LLC, which owns the surface and mineral rights to a site outside the city where Northeast Natural Energy is sinking wells.

 Morgantown City Council adopted the ordinance after taking four hours of testimony at its meeting last Tuesday.

 The lawsuit claims the city overreached its authority and unlawfully took property rights.

 Morgantown Mayor Bill Byrne says the state should regulate Marcellus shale drilling.

 He says the city acted because the Legislature has failed to adopt any regulation.

Steward shows support for home rule bill

If the state strengthens home-rule authority, municipalities will have less risk of being sued and seeing their local laws overturned in court, he said.

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