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  #21  
Old 05/23/11, 04:01 PM
 
Join Date: Jan 2005
Location: PA
Posts: 5,425
Quote:
Originally Posted by Ohio dreamer View Post
Our community has already looked into fracking and the city and township councils have unanimously said NO (wonder what went through the "gas guys" mind, if he was there, when that voe was done. I wouldn't allow it on any land I had control of.
And they for the most part have no say. They will get sued in federal court and lose. They will have to pay the millions in legal fees. Your local "services" will cease to exist.

One township tried that here. They were shocked at the federal court invitation. Needless to say they "changed" their minds.

Last edited by stanb999; 05/23/11 at 04:16 PM.
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  #22  
Old 05/23/11, 04:06 PM
 
Join Date: May 2002
Posts: 721
Quote:
Originally Posted by Ohio dreamer View Post
Our community has already looked into fracking and the city and township councils have unanimously said NO (wonder what went through the "gas guys" mind, if he was there, when that voe was done. I wouldn't allow it on any land I had control of.

I hear what you are saying, but if it's going on everywhere around you and you will suffer the consequences anyway, you might or might not change your mind. I personally wish it would all go away, but I don't think it will.
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  #23  
Old 05/23/11, 04:19 PM
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Originally Posted by stanb999 View Post
And they for the most part have no say. They will get sued in federal court and lose. They will have to pay the millions in legal fees. Your local "services" will cease to exist.

One township tried that here. They were shocked at the federal court invitation. Needless to say they "changed" their minds.
Actually, that isn't exactly correct. PA communities have found a way around being sued. The drilling is only permitted in specific commercially zoned areas and the drilling hours can be limited. The communities basically zone them out. The DEP is also cracking down on wastewater treatment plants in PA.

http://www.businessweek.com/ap/finan.../D9N9DST02.htm

Last edited by Raven12; 05/23/11 at 04:21 PM.
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  #24  
Old 05/23/11, 04:30 PM
 
Join Date: Jan 2005
Location: PA
Posts: 5,425
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Originally Posted by Raven12 View Post
Actually, that isn't exactly correct. PA communities have found a way around being sued. The drilling is only permitted in specific commercially zoned areas and the drilling hours can be limited. The DEP is also cracking down on wastewater treatment plants in PA.

http://www.businessweek.com/ap/finan.../D9N9DST02.htm
They haven't been litigated in federal court as of yet. In Pa a change in zoning can be a taking. It will "work" it's self out. The townships will lose. Billions in gas v/s a small tax base who wins?

Last edited by stanb999; 05/23/11 at 04:34 PM.
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  #25  
Old 05/23/11, 06:34 PM
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Originally Posted by stanb999 View Post
They haven't been litigated in federal court as of yet. In Pa a change in zoning can be a taking. It will "work" it's self out. The townships will lose. Billions in gas v/s a small tax base who wins?
The townships aren't going to be sued because they are not banning drilling. They are allowing drilling only in restricted commercial areas and passing ordinances to make it more difficult to drill.

All of this new legislation in PA stems from the damage to the environment caused by drilling. The concept that drilling is safe and clean is a myth.
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  #26  
Old 05/23/11, 07:33 PM
 
Join Date: Jan 2005
Location: PA
Posts: 5,425
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Originally Posted by Raven12 View Post
The townships aren't going to be sued because they are not banning drilling. They are allowing drilling only in restricted commercial areas and passing ordinances to make it more difficult to drill.

All of this new legislation in PA stems from the damage to the environment caused by drilling. The concept that drilling is safe and clean is a myth.
So you don't think money will dictate what the state does... Your not living in PA if you do. Ever been to the coal regions? If they prevent you from accessing your mineral estate they bought it. All of it. A large town could have billions of dollars worth. The tort is off the charts. Did you know that wells are producing in the range of 60 million dollars or so over their life time estimated. On just one horizontal this would be the pay out for about 40 acres. The numbers huge.
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  #27  
Old 05/24/11, 01:17 PM
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Join Date: Oct 2003
Location: Carthage, Texas
Posts: 12,261
Good luck with banning drilling. The only way it can be 'banned' is for not a single person to lease their mineral rights.

Don't know about other states, but in Tx, mineral rights owners trump surface owners, every time. Like Stan said, money talks.

I'd hate to be a town that had an area leased, then tried to deny a legal owner their legal rights. Once the legal contract is signed, well it's a done deal. Negate that right, and someone's going to pay... and I daresay it'd not be a simple return of lease money to the lessees, but the unrealized amount of profit on the entire life of the well. Will the city/town/township pay back the lessees or would it be the lessors? Would an lessor still have any of that humongous lease payment left, after going on a spending spree? Would the lessor be able to sue the city/town/township for lost income?

You've got a big ol bag of fat worms looming, and the folks suing are going to get scalped... the lawyers on both sides will get rich, the lessors probably are going bankrupt, (unless they can recover from the litigants), and the oil companies will come out slightly less than they'd hoped for.

All I can say is good luck with suing... get your checkbooks out, better yet talk to your bankers, to see how much you can borrow for such a fight.

If the entire region doesn't want drilling, great.... all it takes is one ---------- with that nasty old concept of profits in their eyes (and visions of mailbox money each month) to spoil it for everyone.

They've been fracking hereabouts for at least 40 years (I was on a frack crew for a summer, in 77) and can't recall a single mishap.
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