Corbett's Gas Industry Panel Recommends Forcing Landowners to Lease Their Land to Gas Companies

[JPZenger]

http://www.philly.com/philly/news/20110717_Corbett_panel_s_report_sets_guidelines_for_Marcellus_drilling.html

Corbett's hand-picked panel of gas industry insiders and a couple token environmentalists have come out with their recommendations - sort of. Much of it is still double top secret.

They voted in favor of "forced pooling." Forced pooling in effect gives the gas companies the right of eminent domain. If the gas company has signed leases to adjacent landowners, that gas company can force another landowner to lease their land. So much for Republicans being the champions of property rights.

More details (among the few that have been made public) are at the link.

[Divernan]

1. This is blatant abuse of eminent domain

The concept of eminent domain is defined as the right of government to take private property for public use "by virtue of the superior dominion of the sovereign power over all lands within its jurisdiction," according to the Merriam-Webster online dictionary. The Fifth Amendment to the U.S. Constitution prohibits the federal government from taking private property for public use without "just compensation" to the owner.

Read more: Report: Eminent-domain abuse widespread http://www.wnd.com/?pageId=18393#ixzz1SMmEc6RH

Taking of private property, i.e., mineral rights, for the profits of privately owned fracking interests is not legal and I hope to hell the ACLU will sponsor a class action challenging this.

It is NOT a question of whether the property owners receive compensation. The legal issue is that the property is not being taken for a PUBLIC USE, but rather for private profit.

[blue neen]

3. Agreed.

Can I mention again how much I despise Governor Gashole? Our state is being raped and pillaged and he just sits there like King Midas on his throne.

[grntuscarora]

2. Another article

from the Harrisburg Patriot News suggests the commission threw in a few bones for the drilling critics.

"The vast majority of environmental recommendations — including larger fines, increased set-backs from water supplies, tracking of fracking waste and expanded reporting and public posting of industry activities — passed with unanimous support of the industry."

The cynic in me says the commission threw them in to deflect criticism, knowing full well the fix is in. I fear Governor Corporate will pick and choose the recommendations the industry tells him to, and ignore the rest.

http://www.pennlive.com/midstate/index.ssf/2011/07/nearly_half_of_marcellus_shale.html