WV is at it again. Forced Pooling - GoMarcellusShale.com2024-03-29T09:27:35Zhttps://gomarcellusshale.com/forum/topics/wv-is-at-it-again-forced-pooling?commentId=2274639%3AComment%3A772744&xg_source=activity&feed=yes&xn_auth=noHouse Bill 4268, the forced-l…tag:gomarcellusshale.com,2018-02-14:2274639:Comment:7727442018-02-14T20:09:40.263Zsallyhttps://gomarcellusshale.com/profile/sally
<p><a href="https://lissalucas.com/2018/01/04/forced-pooling-cta-tell-the-wv-house-energy-committee-no-in-2018-and-forever/" rel="noopener" target="_blank">House Bill 4268</a>, the forced-leasing bill, will be on its second reading during the House Floor Session today at 11:00 am. You can watch or listen to that session on the West Virginia Legislature’s website <a href="http://www.wvlegislature.gov/live.cfm" rel="noopener" target="_blank">here</a>.</p>
<p>This bill, which many people,…</p>
<p><a href="https://lissalucas.com/2018/01/04/forced-pooling-cta-tell-the-wv-house-energy-committee-no-in-2018-and-forever/" target="_blank" rel="noopener">House Bill 4268</a>, the forced-leasing bill, will be on its second reading during the House Floor Session today at 11:00 am. You can watch or listen to that session on the West Virginia Legislature’s website <a href="http://www.wvlegislature.gov/live.cfm" target="_blank" rel="noopener">here</a>.</p>
<p>This bill, which many people, including the gas industry, have been calling <a href="https://marcellusdrilling.com/2017/08/wvonga-makes-plans-to-push-forced-pooling-lite-in-2018/" target="_blank" rel="noopener">Forced Pooling “Lite,”</a> would allow a drilling company to force the owners of a minority percentage of mineral rights to lease their property, provided that the company has made deals with the owners of 75% of the mineral rights.<span id="more-31271"></span></p>
<p>As you may know, <a href="https://lissalucas.com/2018/02/09/i-was-dragged-out-of-the-wv-house-chambers-because-i-listed-delegates-campaign-donors/">Lissa was removed from a recent House Judiciary Committee public hearing on HB 4268</a> for naming three legislators—Delegate Lane, Chairman Shott, and her opponent Delegate Harshbarger– and listing their large campaign donations from gas, oil, and energy interests. Gas lobbyists predictably spoke in favor of the bill which would allow companies with money and power to seize mineral rights in a quick and industry-friendly process.</p>
<p><span class="_5yl5">These lobbyists talked about compromise and what was best for everyone, and then behind closed doors their well-paid friends in the Committee quietly stripped most of the protections for minority owners from the bill before it was presented.</span></p>
<p>The stripped-down bill passed in the House Judiciary Committee on a 16-9 vote along party lines (the House Democratic Caucus has come out against forced pooling legislation during the 2018 Regular Session).</p>
<p>There is still time to contact your legislators and tell them that giving gas corporations the power to steal from West Virginians is horrifying.</p>
<p>Please contact your own delegate first (see <a href="https://lissalucas.com/2018/01/07/how-do-i-contact-my-wv-legislators-wv-civics-101/">how to find and contact your delegate here</a>), then the Delegates below.</p>
<ul>
<li><span class="_5yl5">Delegate Erikka Storch– (304) 340-3378</span></li>
<li><span class="_5yl5">Delegate Patrick Martin– (304) 340-3123<br/></span></li>
<li><span class="_5yl5">Delegate Zack Maynard– (304) 340-3152<br/></span></li>
<li>Delegate Jason Harshbarger– (304) 340-3195</li>
<li>Delegate John Shott– (304) 340-3252</li>
<li>Delegate Joshua Higgenbotham– (304) 340-3118</li>
<li>Delegate Tom Fast– (304) 340-3170</li>
</ul>
<p>Then start calling down the list of House Republicans. House Dems have said they will vote against it (no word from Senate Dems). Some House Republicans are likely to stand up for us as well; libertarian leaners are especially likely to be on the side of our rights.</p>
<p>We cannot allow corporations to purchase our government and give away our rights! NO FORCED LEASING!</p> I was just curious I live in…tag:gomarcellusshale.com,2018-02-14:2274639:Comment:7727362018-02-14T15:23:56.551Zmartinhttps://gomarcellusshale.com/profile/AnthonyBarsch
<p>I was just curious I live in Ohio were we have force pooling but we still have a right to negotiate a fair offer. Force pooling in my opinion should be after all fair and reasonable offers are turned down. What is fair and reasonable is obliviously debatable. </p>
<p>I was just curious I live in Ohio were we have force pooling but we still have a right to negotiate a fair offer. Force pooling in my opinion should be after all fair and reasonable offers are turned down. What is fair and reasonable is obliviously debatable. </p> It's not cotenancy I'm necess…tag:gomarcellusshale.com,2018-02-14:2274639:Comment:7726802018-02-14T14:57:59.397Zsallyhttps://gomarcellusshale.com/profile/sally
It's not cotenancy I'm necessarily opposed to but but the way the bill is written so that a land owner(one that oil companies are supposedly unable to find) or mineral owner has no bargaining power also oil companies can hold rights and not drill and sell other formations to other bidders without mineral owner getting anything. The amendments that were added and made everyone at least mildly happy were taken out! That is my understanding. Please clear this up if I am wrong.
It's not cotenancy I'm necessarily opposed to but but the way the bill is written so that a land owner(one that oil companies are supposedly unable to find) or mineral owner has no bargaining power also oil companies can hold rights and not drill and sell other formations to other bidders without mineral owner getting anything. The amendments that were added and made everyone at least mildly happy were taken out! That is my understanding. Please clear this up if I am wrong. Do those of you opposed to fo…tag:gomarcellusshale.com,2018-02-14:2274639:Comment:7726772018-02-14T14:48:53.138Zmartinhttps://gomarcellusshale.com/profile/AnthonyBarsch
<p>Do those of you opposed to force pooling think its fair for one or two people to hold up a whole unit because they refuse to sign? What about all the others in the unit that want to sell their gas and oil? Sometimes a landowner might be smack in a middle of a unit and refuse to sign.</p>
<p>Do those of you opposed to force pooling think its fair for one or two people to hold up a whole unit because they refuse to sign? What about all the others in the unit that want to sell their gas and oil? Sometimes a landowner might be smack in a middle of a unit and refuse to sign.</p> I am in agreement that our pr…tag:gomarcellusshale.com,2018-02-06:2274639:Comment:7719942018-02-06T04:58:55.290ZDan Warnerhttps://gomarcellusshale.com/profile/DanWarner927
<p>I am in agreement that our property rights should be protected.</p>
<p></p>
<p>While this legislation would make some royalties available to owners that would otherwise be unavailable to them, the real influence is from the energy lobby. I don't believe that profit should trump private property laws. While it is true that other states have enacted similar statutes, I believe WV's tendency to go its own way, rather than follow the herd, is just as important now as it was in 1863., As the…</p>
<p>I am in agreement that our property rights should be protected.</p>
<p></p>
<p>While this legislation would make some royalties available to owners that would otherwise be unavailable to them, the real influence is from the energy lobby. I don't believe that profit should trump private property laws. While it is true that other states have enacted similar statutes, I believe WV's tendency to go its own way, rather than follow the herd, is just as important now as it was in 1863., As the Fraser Institute's study cited suggests, we're doing ok now.</p>
<p></p>
<p>To clarify, though the surface owner can be compensated for damages/inconvenience, his/her consent is not required in order for the producer to establish a well pad thereon, if they own or lease the mineral rights underneath. The producer cannot be prevented from extracting the resources that are owned by them. This is a result of another ludicrous law, bought and paid for by the energy industry, the severing of mineral from surface rights.</p>
<p></p>
<p>Also, though I'm not up to speed on this year's version, unless it's changed since last year's bill, the 'non-consenting' co-tenant(s) will not receive a signing bonus, only royalties on production.</p>
<p></p>
<p>Montani semper liberi.</p> WV SORO Alert
West Virginia
S…tag:gomarcellusshale.com,2018-02-04:2274639:Comment:7722632018-02-04T19:19:01.441Zsallyhttps://gomarcellusshale.com/profile/sally
WV SORO Alert<br />
West Virginia<br />
Surface Owners’ Rights Organization<br />
"Co-Tenancy" Bill Advances Without Changes, Public Hearing Possible Wednesday<br />
Feb 4, 2018 View this Alert Online Donate to WV SORO<br />
<br />
Last week the House Energy Committee passed the “co-tenancy” bill (HB 4268) without any changes. This is one of a series of oil and gas development bills that have been introduced in recent years in various forms and degrees, and which is sometimes referred to as “forced pooling.”<br />
<br />
HB 4268 deals only…
WV SORO Alert<br />
West Virginia<br />
Surface Owners’ Rights Organization<br />
"Co-Tenancy" Bill Advances Without Changes, Public Hearing Possible Wednesday<br />
Feb 4, 2018 View this Alert Online Donate to WV SORO<br />
<br />
Last week the House Energy Committee passed the “co-tenancy” bill (HB 4268) without any changes. This is one of a series of oil and gas development bills that have been introduced in recent years in various forms and degrees, and which is sometimes referred to as “forced pooling.”<br />
<br />
HB 4268 deals only with what the industry calls “co-tenancy,” which we are calling the “cousins” bill. Like last year’s forced pooling bill, HB 4268 is problematic in a number of ways which we’ve outlined in detail below, and we remain opposed to the bill unless these issues are addressed.<br />
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The bill is now before the House Judiciary Committee. A public hearing has been requested and will possibly be held this Wednesday, February 7 although there has been no official announcement yet. It will likely be early in the morning and folks will only be given a limited amount of time to speak.<br />
<br />
We’ll be back in touch when and if a hearing is scheduled. In the meantime, please contact House Judiciary Committee members and voice your concerns about HB 4268.<br />
<br />
Click here for a list of House Judiciary Committee members with their phone number and email address, followed by a ‘list’ of emails for all members that can easily be copied and pasted into the ‘To’ field of your email.<br />
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Also please continue to contact members of the House Energy Committee and your delegate(s) and urge them to prioritize other legislation before them that will help those most affect by drilling and natural gas infrastructure.<br />
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These include HB 2990, which would require continuous monitoring of air, noise, dust, and particulates as recommended by the studies mandated by the 2011 Horizontal Well Act; and HB 3011, which would allow property owners to share financially in the gains from the various interstate pipeline projects, if they are approved and built. (More information about these bills is available here.)<br />
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Please act now and make your voice heard.<br />
<br />
Problems with HB 4268<br />
First, in order to drill a horizontal well the driller has to start on one surface tract, drill down to the mineral tract underlying that surface tract, and then drill horizontally a mile or more through many neighboring surface tracts. Under current law, if the driller while drilling horizontally for that mile or more runs into that mineral tract where the driller only has leases from, say, 90% of the mineral owners, the driller has to stop. If this bill passes the driller will be able to keep drilling even longer horizontal well bores through those neighboring mineral tracts. This means more time on the first surface owner’s land, more trucks, more noise, more light, more dust, and other air pollution to drill the longer horizontal.<br />
<br />
As the bill is currently drafted the surface owner’s consent is not needed if they use the bill to drill through that neighboring mineral tract. The current bill only requires surface owner consent if the bill is used for the one mineral tract directly under the surface owner.<br />
<br />
The bill should require the driller to get the surface owner’s consent if the bill is used to drill not only the mineral tract under the pad, but any mineral tract being accessed from the pad.<br />
<br />
Second, the bill contains a loophole that would allow a driller with an existing surface use agreement or other valid contract that pre-dates horizontal drilling to be used to locate well pads for horizontal drilling on a surface owner’s land.<br />
<br />
Last but not least, the bill requires that non-consenting cotenants be paid the highest royalty in leases signed by the consenting owners. This is an improvement over the earlier bill. A knowledgeable mineral owner still might be able to negotiate a better deal but if 75% of their out-of-state cousins sign bad leases with low bonuses, with low royalties, ... On Wednesday, February 7th,…tag:gomarcellusshale.com,2018-02-04:2274639:Comment:7720552018-02-04T11:48:14.238Zsallyhttps://gomarcellusshale.com/profile/sally
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<div class="_2qgs"><div class="text_exposed_root text_exposed" id="id_5a76f27a80d330a65270447">On Wednesday, February 7th, there will be a public hearing on HB 4268 in the House Chamber of the Capitol building in Charleston. This bill, written by out-of-state gas companies, is called “co-tenancy,” but it’s simply Forced Pooling lite.<br></br><br></br>Citizens who are concerned about this legislation are welcome and encouraged to…</div>
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<div class="_2qgs"><div id="id_5a76f27a80d330a65270447" class="text_exposed_root text_exposed">On Wednesday, February 7th, there will be a public hearing on HB 4268 in the House Chamber of the Capitol building in Charleston. This bill, written by out-of-state gas companies, is called “co-tenancy,” but it’s simply Forced Pooling lite.<br/><br/>Citizens who are concerned about this legislation are welcome and encouraged to attend and have their voices heard at the hearing.<br/><br/>We recommend arriving before the Capitol doors open at 8:00 am because there will probably be a line. You can find out more about visiting the Capitol at this link: <a href="http://www.wvlegislature.gov/Educational/citizens/guide.cfm" rel="nofollow noopener" target="_blank"><span>http://</span><span>www.wvlegislature.gov/</span><span>Educational/citizens/</span>guide.cfm</a><br/><br/>This public hearing gives us an important opportunity to tell our legislators directly that this bill will violate the r<span class="text_exposed_show">ights of property owners. West Virginians have the right to make financial agreements about their property freely, without being forced into bad deals with no right to an appeal. West Virginians have the right to say NO.<br/><br/><br/>Background:<br/>HB 4268 is a Forced Pooling bill which the gas and oil industry is trying to rebrand as “cotenancy.” This bill is a vicious attack on property rights because it would allow a gas company to force development on a tract if they have made agreements with the owners of 75% of the mineral rights. This bill will enable big out-of-state gas companies to steal the mineral rights of native West Virginians.<br/><br/>On Tuesday, January 30th, the House Energy Committee voted 14-10 to advance HB 4268 to the House Judiciary Committee. Soon after the vote, concerned citizens requested a public hearing on the bill.<br/><br/>See the bill history (including a link to the text of the bill) here: <a href="http://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4268&year=2018&sessiontype=RS" rel="nofollow noopener" target="_blank"><span>http://</span><span>www.wvlegislature.gov/</span><span>Bill_Status/</span><span>bills_history.cfm?INPUT=426</span>8&year=2018&sessiontype=RS</a></span></div>
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