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Tecton decries proposed moratorium
Energy company questions legality of planned ban on oil and gas operations

Phaedra Haywood | The New Mexican
Posted: Wednesday, February 13, 2008
- 2/14/08
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Tecton Energy, which is seeking to drill for oil in the Galisteo Basin, lambasted Santa Fe County officials Wednesday for considering a yearlong drilling ban and said it is considering its legal options.

The Houston company said in a news release that it feels the county and state "struck a huge blow to a key source of state revenue" with their recent actions aimed at delaying oil and gas development in the region.

The statement also raises questions about the legality of the proposed ban, which must be discussed in two more public hearings before becoming law.

"We are currently exploring our legal options to counter the actions being taken by the county and the state," Tecton's statement says. "They do not comply with state law. ... They ignore our company's legal right to pursue oil and gas operations in the area, and they violate federal and state law prohibiting takings of private property without just compensation."

Bob Freilich, the expert land-use attorney recently hired by Santa Fe County, who helped write the ordinance that will enact the yearlong ban if passed, said the ban is backed by decades of legal precedent. "It's been done for 50 years," Freilich said. "There are hundreds of cases supporting it. ... Basically, we're not concerned about that."

Freilich said the county is considering the rights of all those involved, including residents and mineral-rights owners. "We are concerned about the property owners," he said. "Don't get me wrong. We want to make sure they get a good deal, and we are interested in taking into account their rights, but waiting a year is not a bad deal for them."

In response to Tecton's statement, county spokesman Stephen Ulibarri issued the following response: "The stakes are high. The quality of a decision is dependent on the quality of the information available. We are moving forward in the consideration of an interim ordinance that would provide adequate time to gather and analyze relevant data before making a decision on the next steps to take."

Contact Phaedra Haywood at 986-3068 or phaywood@sfnewmexican.com.


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