Private Property Rights >The Fracking Bans. Do Property Rights Trump All?

Fracking & private property rights. Eminent domain is triggered at many levels in fracking. It can br triggered by the pipeline moving the oil to refining. It can be triggered when new roads are needed. It could be inverse condemnation when a regulation, like a fracking ban, limits how people can use their land. 

Senator Konnie Burton says cities should not be able to infringe on private property rights. Her SB 440 , prohibiting Denton-like fracking bans, protects private property rights while leaving the door open for cities to regulate where, when and how oil and gas production can occur. 

Texas Municipal League Reaction to Senator Burton’s bill:

• Burton’s SB 440 is a better starting point since city regulation remains on the table.
• Phil King’s HB 539 & HB 540 are “non-starter(s)” as they remove a city’s ability to establish distance regulation on gas wells.

FW Star Telegram

Refreshing Recollection from Information Intelligence:

HB 539 & HB 540: Local Fracking Bans Harm Texas Tax Coffers | Information Intelligence

Bill Filing: Ban Fracking Bans | Information Intelligence

12 North Texas Earthquakes on the Front Page, Impact to Fracking Legislation | Information Intelligence

Fracking Ban Meets Legislature. Bills Filed. Fight Begins, Again. | Information Intelligence