Fracking threatens property rights

Fracking for natural gas is sometimes viewed as a property rights issue. While a ban on fracking would prevent some from leasing their development rights, allowing fracking would trample the property rights of others.

New York State’s compulsory integration law (backed by the gas industry) was slipped through the Legislature and signed by the governor without discussion or a public hearing.

This law enables gas companies to frack land against the wishes of its owner. In applying for permits, gas companies plan rectangular areas of two-square miles (“spacing units”) for drilling. According to the compulsory integration law (note the word compulsory), once 60 percent of the spacing unit is under lease, the owners of the other 40 percent can be forced to agree to fracking. They can be compensated (though the terms are not very favorable), but they have no choice.

Doesn’t that violate their property rights?

Also, fracking is an industrial activity that threatens property values, insurance and mortgages. It can result in lowered property values for nearby land, even if it is not fracked.

Fracking would be totally incompatible with the Warwick Comprehensive Plan intended to preserve our beautiful town and its agriculture, tourism, and small businesses.

Our individual property rights are always balanced against our neighbors’ rights and the common good. Fracking must be banned in Warwick to protect the town’s citizens and its economic value.

Both Sustainable Warwick and the Warwick Conservation Board have recommended a ban on fracking here.

Home rule allows the town to enact a ban on fracking until the governor makes a decision.

After that, state regulations supercede our local laws.

The time to act on this is now.

Mary Makofske

Warwick