Legal concept may arise after New York fracking ban
Tuesday, December 30, 2014
“Takings” lawsuits may be filed in response to New York Gov. Andrew Cuomo’s ban on fracking, reports Pittsburgh Post-Gazette PowerSource.
Similar to eminent domain, takings requires that private property owners are compensated by the government when assets are taken away due to government action.
For New York state, this means that many landowners could file takings lawsuits, but the legal process is complicated. Even though landowners may argue that they are deprived of making money off of their mineral rights due to the state government’s ban, the cases may be difficult to prove.
Via: Pittsburgh Post-Gazette PowerSource > Uncommon legal concept may surface in New York after fracking ban
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Shale FAQ
What are mineral rights?
Mineral rights are the rights of the owner of the property to mine or produce any resources below the surface of the property. Mineral rights are different from surface rights.
Will I get free natural gas if I allow fracking on my property?
Maybe. It depends on your particular lease agreement. Some companies allow property owners a yearly free gas allowance. But, the process of connecting your property to the gas source may be more complicated. Some companies will provide a hookup, others require the landowner to provide one.