"The Garza opinion gives oil and gas operators a blank check to steal from the small landowner" U.S. District Judge-Wheeling, West Va.
The west virginia federal judge must have a problem with the Garza decision! However, he tossed the case which was the proper call.
This is a legislative action to be decided.
http://www.mineralrightsforum.com/profiles/blogs/is-fracing-tresspass