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Landowners

Landowners

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Published by Rick Karlin

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Published by: Rick Karlin on Feb 27, 2013
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08/06/2013

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FOR IMMEDIATE RELEASE
CONTACT: Susan Oliver, JLCNYsusanboliver@me.comor 703-216-4078
NY LANDOWNERS MOVE FORWARD WITH LAWSUIT AGAINST NYS
 JLCNY Seeks Plaintiff Candidates for “Takings” Lawsuit 
BINGHAMTON –February 27, 2013 –
As NY State misses a critical deadlineto finalize regulations governing natural gas development, the JLCNY todayannounced it is moving ahead and seeking plaintiffs for its lawsuit againstNew York State for a taking of property rights under the United States andNew York Constitutions.Referring to recent statements supportive of natural gas from PresidentBarack Obama and NYC Mayor Michael Bloomberg, JLCNY Attorney ScottKurkoski said, “While our nation’s leaders bring us closer than ever toachieving energy independence, cleaner air and economic prosperity, NYthreatens to impede our progress and deny the constitutionally guaranteedrights of NY landowners.”President Obama noted in this month’s state of the union address, “weproduce more natural gas than ever before – and nearly everyone’s energybill is lower because of it. And over the last four years, our emissions of thedangerous carbon pollution that threatens our planet have actually fallen,”And NYC Mayor Michael Bloomberg last week said, “natural gas isn't perfect,but it certainly looks like it can make this country energy-independent andreduce dramatically the pollutants going into the air.” The JLC is 1seeking landowner candidates to serve as plaintiffs in the action. The action will focus on claims where the failure to grant HVHF permits has
 
deprived landowners of all economically viable uses of their real property orinterfered with reasonable investment-backed expectations. The JLCNY is seeking one plaintiff for each of the following categories:1.
Subsurface Mineral Owners
a.Property owners who purchased the sub-surface oil, gas and otherminerals prior to July 23, 2008, the date Governor Pattersonannounced a review process to update the Generic EnvironmentalImpact Statement applicable to HVHF.b.The property should be in the regions where the Marcellus or UticaShales are the primary target with few prospects for otherformations such as the Herkimer or Trenton Black River.c.The property must be located in the Susquehanna River Basind.Sub-surface mineral owners in Broome County are likely candidates.2.
Lessor Plaintiffs
a.Landowners under a lease with an oil and gas company where thecompany has applied for a Marcellus or Utica drilling permit or apermit has been withdrawn because of New York’s delay incompleting the SGEIS.b.The property should be in the regions where the Marcellus or UticaShales are the primary target with few prospects for otherformations such as the Herkimer or Trenton Black River.c.The property must be located in the Susquehanna River Basin.3.
Subsurface Mineral Owners with Prior Wells
a.Landowners who own the sub-surface oil, gas and other mineralsand who have had a prior oil and gas well drilled on their property,fully depleting formations such as the Herkimer, Oneida or TrentonBlack River, leaving only the Marcellus and Utica as viableformations. Landowners with prior wells in Chenango County arepotential candidates.4.
Fee Simple Owners (surface and sub-surface)
a.Fee simple owners of vacant undeveloped land, owning both thesurface and sub-surface rights and purchased for oil and gasinvestment purposes prior to July 23, 2008.b.The property should be located in a core Marcellus or Utica region.
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