Act 13 of 2012 was signed by our Honorable Republican Governor on February 14, 2012. The PUC will only say that the law provides for fees to be collected and distributed.
"Act 13/Impact Fee provides for the imposition of an unconventional gas well fee (also called an impact fee), and the distribution of those funds to local and state governments. Act 13/Impact Fee also contains provisions regarding how the impact fee may be spent. "
But as we slowly learned, the Act 13 was far more devious and malicious than what was described. On July 26, 2012, the Appellate Court in Pennsylvania struck down provisions in the Act in a 4-3 decision due to violations of the State constitution. "President Judge Dan Pellegrini, said the provisions upended the municipal zoning rules that had previously been followed by other property owners, unfairly exposing them to harm." This was a serious blow to our right wing governor who apparently had no qualms about exposing landowners to harm as long as the large oil companies got what they asked for.
One of the most deleterious of these provisions allowed pipelines to transgress any district, regardless of zoning, including residential districts as long as certain buffers were maintained. This law has now been appealed to the Pennsylvania Supreme Court.
One thing that has hurt all of the areas hit by the pipeline construction is that the zoning laws in all towns were antiquated and unprepared for this new venture. No one anticipated Pennsylvania as becoming one of the primary oil producing states and the oil and gas companies have taken every possible advantage of this weakness. We need good inquiring journalist to report and continually monitor these events. Landowners are advised to contact good qualified attorneys before signing away your land rights to these money grubbing tightwads.
"Act 13/Impact Fee provides for the imposition of an unconventional gas well fee (also called an impact fee), and the distribution of those funds to local and state governments. Act 13/Impact Fee also contains provisions regarding how the impact fee may be spent. "
But as we slowly learned, the Act 13 was far more devious and malicious than what was described. On July 26, 2012, the Appellate Court in Pennsylvania struck down provisions in the Act in a 4-3 decision due to violations of the State constitution. "President Judge Dan Pellegrini, said the provisions upended the municipal zoning rules that had previously been followed by other property owners, unfairly exposing them to harm." This was a serious blow to our right wing governor who apparently had no qualms about exposing landowners to harm as long as the large oil companies got what they asked for.
One of the most deleterious of these provisions allowed pipelines to transgress any district, regardless of zoning, including residential districts as long as certain buffers were maintained. This law has now been appealed to the Pennsylvania Supreme Court.
One thing that has hurt all of the areas hit by the pipeline construction is that the zoning laws in all towns were antiquated and unprepared for this new venture. No one anticipated Pennsylvania as becoming one of the primary oil producing states and the oil and gas companies have taken every possible advantage of this weakness. We need good inquiring journalist to report and continually monitor these events. Landowners are advised to contact good qualified attorneys before signing away your land rights to these money grubbing tightwads.