JLCNY Fact Sheet on "Takings" Lawsuit Against NY State


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A fact sheet from the Joint Landowners Coalition of New York that details what, how and why the group is suing New York State for illegally stopping landowners from leasing and drilling on their own property. Since the state has "taken" away that right, by law landowners should be compensated. Once the JLCNY has enough funding, they will move forward with the lawsuit. This document outlines their rationale and strategy.

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JLCNY Fact Sheet on "Takings" Lawsuit Against NY State

  1. 1. Our Lawsuit Against New York State Lawsuit Description The Joint Landowners Coalition of New York is preparing a lawsuit against the State of New York to protect the constitutionally guaranteed rights of NY landowners and push the state closer to approving the SGEIS and permitting wells in the Marcellus and Utica shales. The 5th Amendment of the U.S. Constitution and Article 1, § 7 of the New York State Constitution prohibit governmental taking of private property without just compensation. New York has effectively taken our private property by instituting a 5 year de facto moratorium against high volume hydraulic fracturing (HVHF). The state has deprived us of due process of law, as secured by the Fourteenth Amendment to the U.S. Constitution, by enacting and perpetuating an unlawful moratorium. The DEC has failed to fulfill its statutory duty pursuant to SEQRA to issue a final SGEIS regarding HVHF and has no authority to delegate its decision making to Governor Andrew Cuomo or the Department of Health. Politics and Not Science It is widely recognized that the SGEIS and the regulations have been completed. The SGEIS was prepared to be released on or about Labor Day 2012. The decision to further delay the release of the SGEIS was the Governor’s decision entirely based upon politics, not science. New York started a new health review even though the Department of Health had already completed a 2012 health review and found that there were no health impacts from the process of hydraulic fracturing. Representation The JLCNY is represented by Levene Gouldin & Thompson of Binghamton, NY. We have also retained the Connecticut firm of Robinson & Cole LLP to work with JLCNY attorneys to prepare the complaint against the state. The Robinson & Cole team is led by Dwight Merriam and Joseph Clasen. Mr. Merriam has published over 200 articles and eight books, including The Takings Issue, The Complete Guide to Zoning, and Eminent Domain Use and Abuse: Kelo in Context.
  2. 2. 2 Funding The action will be commenced when the JLCNY has received sufficient funding. All of the funds donated for this effort will be administered by the JLCNY’s bank, Chemung Canal Trust Company (“CCTC”), in a non-interest bearing account. The JLCNY will deduct from the Landowner Defense Fund ongoing expenses incurred for the lawsuit including, but not limited to, fees and expenses for attorneys, experts, accountants and CCTC fund administration. More Information Additional Information about the JLCNY lawsuit can be found by visiting our website at Donations for the lawsuit can be made payable to “Landowner Defense Fund” and mailed to: JLCNY PO Box 2839 Binghamton, NY 13902 Attention: Landowner Defense Fund Donations can also be made by credit card by visiting the Landowner Defense Fund section of the JLCNY’s website at The JLCNY is a 501(c)(6) non profit corporation. Contributions or gifts to the Landowner Defense Fund through the JLCNY are not tax deductible as charitable contributions. ----- --------------------------Cut here and send to support this fund---------------- ---------- YES! I wish to contribute __________ to the Landowner Defense Fund. Name________________________________________________________________________ Address:______________________________________________________________________ City/State/Zip_________________________________________________________________ Phone:_______________________________________________________________________ Email: (optional) _____________________________________________________________ (my phone and email address will only be used to communicate information or updates on the progress of the lawsuit and not for any other purposes, and will NOT be shared with any other organization.) I am a landowners in the County(s) of, ___________________________________New York Enclosed is my check in the amount of $____________________________________________