Ill. Fracking Holdup Violates Property Rights, Suit Says

Law360, New York (October 17, 2014, 7:27 PM EDT) -- A group of oil and gas rights owners filed a proposed class action against Illinois in state court, saying its denial of fracking permits is an unconstitutional taking of their property.

Amy Pollard and a dozen other named plaintiffs claim that Illinois’ failure to issue fracking permits constitutes taking their property without just compensation, violating their Fifth Amendment private property rights and their right of eminent domain and right to remedy and justice under the Illinois state constitution.

The state passed a law in 2013 to allow fracking, but has not approved regulations for fracking permits.

The plaintiffs said that owning...

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