Is Pennsylvania Gas Drilling Act "Corporate" Eminent Domain?
While some argue that the recently enacted legislation is "corporate eminent domain" others may maintain that this is a process which enables the government to increase tax revenues for some very poor counties, provide for a cleaner environment, and provide jobs.
There are some real issues about the forced acquisition for those owning the mineral rights. There also remains some unanswered questions of whether the separation tax will be enough to fulfill the goals of local communities which will have limited minerals to provide in future years.
The gas-drilling bill also would toughen safety standards and limit the ability of local officials to keep drilling out of their towns.
Corbett and the industry had sought provisions to prevent the ability of municipalities to regulate any drilling activity, but such a provision couldn't pass either legislative chamber. Instead, the bill would require municipalities to allow drilling in all zones, including residential, and require them to follow state spacing requirements. But it also would allow them to apply zoning standards on things like lighting, noise and structures that are used for other industrial activities.
During debate on the bill last week, Rep. Scott Conklin, D-Centre, called the provisions tantamount to "corporate eminent domain."
