Can the Town of Flower Mound legally prohibit gas well drilling?
Although the issue of the taking of property is one that is the subject of much constitutional debate, a taking of property generally occurs when a government has taken private property for a public use without adequate compensation being paid to the owner. Takings are unconstitutional under both the federal and state constitutions. There are two types of takings: (i) physical occupation (where the government actually occupies someone’s land without any compensation to the owner); or (ii) regulatory taking (where a government regulation denies an owner of the use of his or her land). State and federal courts consistently have held that any local government regulation that prohibited all mining or oil and gas drilling operations inside the local government’s limits was an unconstitutional taking of property since it did not permit the mineral estate owner to either quarry his land or access his minerals. Thus, the right of an owner to access his/her mineral estate cannot be prohibited; however, a local government may regulate setbacks or other siting requirements.

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1. Are there gas wells in Flower Mound?
2. How many gas wells are currently operating in Flower Mound?
3. Can the Town of Flower Mound legally prohibit gas well drilling?
4. Does the Town profit when drilling takes place on private property?
5. What role does the Town Council have in gas well permitting and regulation?
6. What are the powers and responsibilities of the Oil and Gas Board of Appeals?
7. How can I get more information about the Town Council, Oil and Gas Board of Appeals?
8. Does the Town of Flower Mound have an ordinance regulating gas wells?
9. Does the Town of Flower Mound have an ordinance regulating oil and gas well pipelines?
10. What is the permitting process for an oil or gas well?
11. What is the inspection and monitoring process for gas well operations?
12. How are new gas well applications processed for existing pad sites?
13. Can a permit be administratively issued for a new gas well?
14. How do the Master Plan, SMARTGrowth, and zoning relate to gas drilling?
15. How does the Town’s tree ordinance relate to gas well drilling?
16. What is the difference between specimen trees, protected trees, and non-protected trees?
17. What are the setback requirements for tank batteries, well facilities, and equipment?
18. Does the Town staff measure drilling and gas production noise while on location?
19. What are variances?
20. Does the Town allow salt water injection (disposal) wells?
21. What is the difference between an individual gas well and a pad site?
22. Will someone be on the drilling site at all times?
23. Has the Town of Flower Mound requested or conducted air quality testing?
24. How can I acquire information about TCEQ air quality test results in the Barnett Shale?
25. What is a Volatile Organic Compound (VOC)?
26. Did the Texas Department of State Health Services conduct a “cancer cluster” study in Flower Mound?
27. Has the TDSHS previously conducted studies in Flower Mound? What were the conclusions?
28. Is the Town involved in soil and water quality testing?
29. Did the TCEQ install a permanent air quality monitoring station in Flower Mound?
30. Is the Town Conducting Additional Air Quality Testing?
31. What does the TCEQ 24/7 permanent air monitoring station test for?
32. Where can I review all of the previous air quality test results?
33. What is seismic surveying?
34. What type of equipment is involved with seismic surveying?
35. When will seismic testing be conducted in Flower Mound?
36. Where can seismic testing be conducted?
37. Is seismic testing allowed on Flower Mound roads?
38. How has staff responded to inquiries regarding seismic testing?
39. Who can I contact for more information regarding Seismic Surveying activities within the Town of Flower Mound?
40. How can I find out if a natural gas well permit has been obtained near my property or additional information about gas well drilling within our Town limits?
41. Can someone else own the minerals underneath my property? How can I tell if I own my minerals?
42. Will drilling affect the foundation of my house?
43. Can a gas well be placed on my property without my permission?
44. What can I expect when a company is going to drill in my area?
45. Has the impact gas wells have upon property values been considered?
46. What emergency plans are in place in case of an accident?
47. What criteria are used by the Flower Mound Fire Department to review gas well sites?
48. Are traffic signals considered to manage truck traffic related to gas wells?
49. When is a Workover Rig Necessary?
50. How do I obtain additional information regarding gas wells in Flower Mound?
51. Who can I call if I have a question or concern?
52. Oil and Gas Drilling Disclaimer