Forced Pooling is Eminent Domain on Steroids


When governments use eminent domain, we expect it to be a rare but necessary occurrence. To be used for something like a road, or maybe a school. It certainly wouldn’t be right just to take property away because someone else thinks they want it more. The Fifth Amendment imposes limitations on the exercise of eminent domain, the taking must be for public use and just compensation must be paid.

There is a very similar discussion going on in politics in the area of forced pooling. In a nutshell, gas wells tend to go over large areas of land and you need to get permission from all those affected. Once deals are made with a certain percentage the other can then be forced into the deal.

Arguments can be made that once a vast majority agrees on a deal the hold out shouldn’t stop the deal.

But don’t they have rights too? Maybe they don’t want their property changed. Maybe they don’t believe in the taking of these resources. Maybe there is some other reason that we don’t know about. Who are we to say that they must comply with what the majority says is best for their property? That doesn’t sound like freedom at all. That is how tyrants rule.

Our country has a proud tradition of standing up for the little guy. We might not agree with the reasons for the holdouts on these deals in the least, but why do we think government should have the final say here?

Read more at ConservativeByte

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