Bill alert request from an email:
H.B. 3105 (Keffer) – Regulatory Takings/Oil and Gas: would make a city regulation that damages, destroys, impairs, or prohibits development of a mineral interest subject to the Private Real Property Rights Preservation Act, which would: (1) waive sovereign immunity to suit and liability for a regulatory taking; (2) authorize a private real property owner to bring suit to determine whether the governmental action of a city results in a taking; (3) require a city to prepare a “takings impact assessment” prior to imposing certain regulations; and (4) require a city to post 30-days notice of the adoption of most regulations prior to adoption.
It is essentially the same as Bryan Hughes’ bill from last session, and would eviscerate your authority to regulate oil and gas drilling and related activities.
It has been set for a hearing on WEDNESDAY, March 6, at 2:00 p.m. (or on adjournment of the House) in the House Energy Resources Committee.
It is now time to release the hounds. Please contact your legislators and the members of the committee (the chair is the author) to express your opposition:
House Committee on Energy Resources
Please forward to any other city official you believe has an interest. In addition, please plan to attend and testify in opposition. Please let me know if you or someone from your cities will be attending and copy me with any correspondence to the committee or your legislators.
Below is a strongly-worded sample letter from the Texas Municipal League.
March __, 2011
_____
_____
P.O. Box 2910
Austin, TX 78768-2910Dear _______:
I am writing to express our opposition to House Bill 3105 by Keffer. The bill would make a city regulation that damages, destroys, impairs, or prohibits development of a mineral interest subject to the Private Real Property Rights Preservation Act (Act).
The Act concerns certain regulations proposed by state and certain other political subdivisions (excluding cities). It requires that the state or certain political subdivisions consider whether a proposed regulation might be a “taking” of private real property and defines a taking as an action that would reduce the value of property by more than twenty-five percent. That definition is drastically different than both the Texas and United States Supreme Courts’ definition of a “taking” as applied to cities. Cities are exempt from the law as a matter of public policy and should remain so.
But the above is simply technical, legal jargon. The real question is: Do you want gas wells next to the local school playground where your children play, or perhaps in your backyard? The passage of H.B. 3105 could result in exactly that. How? If a city ordinance prohibits the drilling of an oil or gas well within a certain distance of a home or school, a landowner could bring a claim under the bill. The city would then have three choices: (1) pay the landowner for the money he thinks he could have made from the well; (2) waive the regulation and allow a gas well in the playground of a school or in your backyard; or (3) pay attorneys to litigate the claim. This type of law is commonly known as a “pay or waive” law.
Experience with similar laws in other states has shown that cities certainly don’t have the money to pay for claims or litigate multiple cases. So what will cities do under the bill? Waive their drilling ordinance requirements.
That means that oil and gas wells will be permitted essentially anywhere in the city. That is bad public policy because people move to cities with the expectation that their property will be protected for the good of their property values. This bill would obliterate the protections that homeowners sought when they moved to a city.
It sure would be difficult to sell your house if there is a massive derrick erected up against your back fence that creates noise, dust, truck traffic, and the possibility of an explosion.
Mineral interests are a large part of the Texas economy, but the ability of cities to protect the health and safety of their citizens through thoughtful regulations keeps Texas an attractive and safe place to live. H.B. 3105 would eradicate that authority, and perhaps the safety and value of where you live.
Sincerely,
About Sharon Wilson
Sharon Wilson is considered a leading citizen expert on the impacts of shale oil and gas extraction. She is the go-to person whether it’s top EPA officials from D.C., national and international news networks, or residents facing the shock of eminent domain and the devastating environmental effects of natural gas development in their backyards.
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Anonymous says
This bill sure has the "stamp" of the gas industry on it. It's insulting to those of us who have worked SO hard to move our cities to at least a common sense approach to shale gas drilling in urban locations This group of legislators needs a field trip before they vote on any of it. But they'll probably end up on an industry bus that serves up plenty of shale gas cocktails with a load of hard cash.
Anonymous says
Texas politicians are worthless–they are all BBO's! (BBO = Been Bought Off) Enough said.
Anonymous says
This bill is so special interest it's shameful. This is not legislation by the people, this is legislation by the gas industry.