Stack & Associates, P.C.
Contact Our Office Environmental and Land Use Law
404-692-7504

Research suggests using easement to protect land from hydraulic fracturing contamination

In our last post, we began looking at a proposed change to state drilling law that would allow landowners’ to better protect their property from the natural gas drilling industry and local governments’ to better protect water supplies from the effects of hydraulic fracturing.

As we noted last time, it is important for landowners to understand how they can go about protecting their rights. This can be done not only through pursuing protections under government regulations, but also by making use of property law protections. According to recent research from Stanford University, one tool that could prove very useful for landowners looking to protect their property from fracking is the conservation easement. 

A conservation easement is an agreement between a landowner and a government agency or land trust which allows the landowner to continue using the property while placing permanent limitations on how the land is used in order to protect it from potential threats to its resources and conservation value. The landowners in these agreements voluntarily agree to sell or donate the right to use a piece of property in a specific way, often agreeing to not develop the piece of property.

Tax easements can be tailored to focus on mineral extraction, for those who own mineral rights. For those who own the surface land as well, they could tailor the easement to retain the right to develop the surface with structures.  There could be tax benefits to such easements, as well.

The ability to establish such as easement depends on the state property law statutes, and those who are open to the possibility should contact an experienced attorney to have their situation evaluated and to determine their options for protecting their property. 

No Comments

Leave a comment
Comment Information

Contact Our Firm

In the legal profession as in other fields, past accomplishments are often the best indicators of future success. Our representative cases bear witness to our law firm's ability to represent clients against even the most formidable adversaries, including government bodies and giant corporations, in both individual and class action claims.

Email Us For A Response

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Office Locations

ATLANTA -
260 Peachtree Street N.W.
Suite 1200
Atlanta, GA 30303

Phone: 404-692-7504
Fax: 404.522.0275
Map & Directions

SAVANNAH -
7 E. Congress Street
Suite 404
Savannah, GA 31401

Phone: 404-692-7504
Phone: 912.232.0567
Fax: 404.522.0275