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Landowners and Fracking in the Fayetteville Shale

Published on Apr 22, 2011 at 8:31 pm in Uncategorized.

Fayetteville Shale development has provided a valued economic benefit to Arkansas. However, as more and more drilling sites are constructed, serious health and environmental concerns are being realized.

The fluids used to cause the fractures in the shale formation contain a variety of potentially harmful chemicals. These fluids can escape from a poorly constructed gas well, improperly lined holding pit, or during transportation. Escaped fluids can destroy property values, drinking water wells, and natural resources.

Arkansas law provides an avenue of recourse for landowners whose property has been unduly impacted by fracking operations. Drilling companies must use a landowner’s property in a reasonable manner, and restore it before leaving a drilling pad. Neighboring landowners whose land or water has been fouled as a result of fracking can bring a nuisance or trespass action to seek compensation. If drilling companies do not comply with these principles, landowners may be entitled to compensation.

If you own property that has not been restored after drilling is complete, or have a well that has been damaged as a result of fracking, a McMath Woods attorney is available to discuss those issues with you.

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