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Would a local or statewide ban result in “takings” proceedings and liability? No.
Banning Hydrofracking Is Not A “Taking” of Property By Mary Jo Long, Esq. As the public sentiment grows for a ban on High Volume Hydrofracking (HVHF), lawyers and others who speak for corporate profit-making opportunities in natural gas say that laws banning or limiting gas drilling is a “taking” of property. Even some who seem…