6th Circ. Backs Use Of Ohio Forced Drilling Law

By Keith Goldberg (February 5, 2019, 2:06 PM EST) -- The Sixth Circuit on Monday upheld the dismissal of a constitutional challenge to an Ohio law allowing drillers to tap properties near ones they've leased without getting consent from landowners, saying a permit issued by state regulators to Chesapeake Exploration LLC doesn't constitute a "taking" under the 14th Amendment.

An appeals court panel affirmed an Ohio federal judge's June dismissal of a suit by landowners challenging the order issued by the Ohio Division of Oil and Gas Resources Management under the state's so-called forced pooling law allowing Chesapeake to horizontally drill below their properties.

The landowners can't cite a single case...

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