Fracking, Eminent Domain, and the Need for Legal Reform in North Carolina: The Gap Left by the Clean Energy and Economic Security Act
“North Carolina’s current eminent domain regime grants natural gas producers broad authority to take private property, particularly for the construction of pipelines. However, it is unclear whether such authority will extend to other hydraulic fracturing and horizontal drilling infrastructure. Therefore, North Carolina should amend its constitution and its takings laws to both clarify and limit a private condemnor’s ability to exercise eminent domain, especially when the primary purpose is private gain.”
NC Journal of Law & Technology 2 January 2013.