As Colorado Gov. John Hickenlooper weighs whether to call a special legislative session to deal with oil and gas issues, the issue of property rights is on his mind.
The governor has equated some of the recently passed bans and moratoriums on hydraulic fracturing to "…snatching the property of a citizen. Just taking it without due compensation."
While in some cases the courts could interpret fracking bans as taking away private property, getting to the point where a ban is ruled a taking of private property would be time consuming and costly, experts say.