Skip to comments.Second Judge in State Backs Local Ban on Gas Drilling (NY)
Posted on 02/25/2012 4:10:43 PM PST by neverdem
A New York State judge ruled on Friday that Middlefield, in Otsego County, can ban natural gas drilling within its borders. It was the second court ruling this week that affirmed local authority over the process known as hydrofracking.
Middlefield, with about 2,100 residents, passed a zoning law last June prohibiting heavy industry uses of land, including oil and gas drilling. Three months later, a landowner who had leased 377 acres of land to a gas company for drilling sued the town, arguing that only the state could regulate natural gas drilling.
The landowner, Jennifer K. Huntington, a dairy farmer and president of Cooperstown Holstein Corporation, said in the suit that the law denied her company the economic benefits of the leases, including the right to market its minerals, including oil and natural gas.
But an acting State Supreme Court justice, Donald F...
(Excerpt) Read more at nytimes.com ...
I don’t see a problem. Didn’t the Supreme Court address illegal taking without compensation? All the municipality has to do is cough up the tens of millions of dollars for the natural gas.
They should be able to find an expert witness to fix the value. The municipality pays up. And everyone is happy.
This can be a tricky one. I do think the town is off base on this one.
Say no more.
No doubt that the county will try to tax the land owners as if they were already in production.
This wouldn’t fly in McKenzie county ND. Watford city would run you out on a rail
Detroit here we come.
Just another “F”ing RAT Judge.
Justice; New York Supreme Court; Judicial District 6 (3 Elected)
Donald F. Cerio, Jr., Democratic
LOL. Yes, it's horribly perverse that actually expecting government to follow the Constitution is humorous. But, appallingly enough, it is.
...you may want to dive into the “police” power of the state.... no $$$
Video: Dem Rep booed by constituents over HHS mandate Kathy Hochul NY 26 CD
FReepmail me if you want on or off my New York ping list.
I think the owner, who owned the property prior to the ordinance, has the basis for an illegal taking claim. With the amount of money involved if the municipality has to reimburse her for the value of the natural gas, she may be able to find a lawyer that will take it for a percentage.
Looks like the municipality has its butt hanging out on this one. She may end up owning them if she finds the right lawyer.
this could mean millions for NY staters and they could use a little good news....
Problem is the one sided coverage on the local news stations with the anti group INFORMATION? meetings and greenies in attendance whining the usual clean air and water spewage. I get the water (a known non-issue)but I can’t see how the air would be affected.....crazy dip$hits!
Thanks for the ping!