JLCNY Loses Faith in Cuomo, Initiates Lawsuit over Fracking Rules
The Joint Landowners Coalition of New York (JLCNY), a 77,000-member umbrella organization for New York landowners interested in leasing their property for natural gas drilling, announced yesterday they will move forward with a lawsuit against New York State on behalf of their members. The group has decided to litigate in light of the now expired Feb. 27 deadline to adopt new rules to allow high volume hydraulic fracturing (fracking) in the state. MDN spoke to Dan Fitzsimmons, president of the JLCNY. He commented it took Illinois 14 months to research and write new legislation for fracking, and just 8 months for new rules to be researched and adopted in Ohio. New York’s rulemaking process has now languished for more than 4 1/2 years. Enough is enough.
Feeling they are left with no other alternative, the JLCNY will select several representative plaintiffs for the lawsuit that, presuming they win, would serve as a precedent for all landowners in the state to make the same claim. The basis of the lawsuit is a legal concept called “takings.” The U.S. and New York State Constitutions both say government cannot take a citizen’s private property or deny them use of their private property without just compensation. MDN previously interviewed JLCNY attorney Scott Kurkoski about the lawsuit a few weeks ago. Watch that interview here: 77K NY Landowners Prepare Lawsuit Against DEC.
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In 2012, Beck Energy Corp. got a permit from the OH Dept. of Natural Resources (ODNR) to drill on property located in the City of Munroe Falls (Summit County), OH. Beck started drilling and the city slapped a Stop Work Order on them and took them to court, saying Beck was not in compliance with a number of local ordinances and necessary permits. The local trial court supported Munroe Falls’ position and ruled in their favor.
A very important legal decision in New York potentially affects all New York landowners with and without drilling leases who have seen a sharp jump in their property assessments. A Broome County, NY Supreme Court judge has just ruled in favor of four Tioga County, NY landowners who sued to have their property assessments reduced, believing their assessments were unfairly raised because of the perceived increase in land value from the possibility (i.e. “speculation”) that the land may one day see Marcellus Shale drilling.