Mark Barron Article for Mineral Law Institute Examines the Relationship Between Oil and Gas Regulation and the Takings Clause

Articles / January 11, 2016

Mark Barron authored an article for the 61st Annual Rocky Mountain Mineral Law Institute. His article, “Constitutional Protections for Mineral Interest Holders: Oil and Gas Regulation and the Takings Clause,” analyzes the “Takings Clause” of the Fifth Amendment and its relationship to oil and gas production in cases where state or local ordinances restrict or prohibit such production. Such restrictions often have the effect of a government taking and Barron concludes:

While nothing prevents the government from taking private property for public purposes, when the government does effect a taking, our constitutional system requires the government to pay compensation.

Read the article.

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