Posted on 10/20/2014 5:22:03 AM PDT by 2ndDivisionVet
The good citizens of Denton will be voting on Nov. 4 whether or not to ban hydraulic fracturing.
They have been told by former Texas Supreme Court Chief Justice Tom Phillips the ban on fracturing is unconstitutional. “Under the Texas Constitution, I do not believe that a municipality may ban all oil and gas drilling within its borders,” former Chief Justice Phillips said during a hearing before the Denton City Council on July 15.
He said the ban is incompatible with state law, and it amounts to a government taking of private property of many mineral interest owners and operators. All of this could lead to years of litigation with the city of Denton strapped with the cost of defending an unconstitutional act and government taking of private proper without just compensation.
Already there has been one lawsuit filed against the city and the ban hasn’t even been approved yet. The lawsuit, filed on behalf of Arsenal Minerals and Royalty and the Chandler Davis Trust, states that the city enacted drilling moratoriums in 2012 that have “compromised legal relationships and private contracts.”
In summary, the former chief justice’s said the (1) the ban is unconstitutional, (2) the ban is incompatible with state law, (3) the city clearly would be taking private property, and (4) Denton would have to spend millions of dollars defending lawsuits brought by its very own citizens in many cases.
OK, so let’s say that the former chief justice got it wrong on all four issues. What other reasons could there be to vote against the ban?(continued)
(Excerpt) Read more at timesrecordnews.com ...
Related info:
Denton fracking ban campaign most expensive in city history
http://fuelfix.com/blog/2014/10/09/denton-fracking-ban-campaign-most-expensive-in-city-history/
October 9, 2014
Campaign contributions have poured into Denton this election season over the city’s proposition to ban hydraulic fracturing within its borders.
Documents filed with the city secretary show that two political committees have raised a little over $282,000. That’s the biggest total in Denton’s history, according to the Denton Record-Chronicle.
The group opposing the ban, Denton Taxpayers for a Strong Economy, has out raised the other side nearly 5-to-1, more than $231,000. The group, with support from energy companies drilling in Denton and an in-state industry trade group, has spent more than $185,000.
That’s compared to the group in support of the ban, Pass The Ban, which has only spent about $8,450.
According to the Record-Chronicle, both groups have tried to label themselves as “grassroots campaigns.” A Denton Taxpayers press release claimed that 98 percent of its contributions came from “individuals and businesses paying taxes in Denton.” The statistic comes from the fact that the campaign’s three biggest contributors, Devon Energy, XTO Energy and Enervest Operating, who together contributed about $225,000, all have wells within Denton city limits, according to city documents.
Easy solution for Denton - buy the MINERAL RIGHTS and choose not to drill.
Oh yea, that costs money, lots of it.
I've considered the Wetlands Act unconstitutional. Yet it exists on all levels.
Coming down to vote next week. Is there any traction there on the Article V Convention project?
The Constitution only deals with the government's relationship with people.
Denton is a governmental body. The holders of mineral rights to their property are people. The taking of mineral rights without compensation is a government action against people.
I hope you don't mind, but I do go stupid from time to time.
We all do that from time to time.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.