Reclaiming land.

I am considering leasing my 30 acres in beautiful Monroe County Ohio. My property is beautiful with a stream ,waterfall, mature trees and I planned on building someday on this "park like setting". My question is; what will my property look like after fracking? Will they reclaim the land to they way it used to be or will it forever look like a construction zone. Will beautiful Monroe County end up looking like a bad dream eventually. I know we all need cash in this economy and myself being one of them but will my property be worthless and basically a nasty sight to behold if I allow fracking to take place. All with the hope that they "might hit gas" or "they might include all of my acres in the unit". This all sounds like a huge gamble for the hopes of some easy money. Kind of like the lottery and we all know of the horror stories attributed to the lottery.

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Permalink Reply by Mark McGrail on September 1, 2013 at 11:52am

Jeff,

Insist on a non-surface development lease. Hold out until you get one.

Permalink Reply by Mark McGrail on September 1, 2013 at 11:56am

Just a point of clarification:

The forced pooling or mandatory pooling section will not apply to this situation.

Instead the unitization section will apply. The ODNR has set out strict guidelines for how this may be applied. It is expensive and time consuming for a company to pursue. Therefore, the companies must deal in good faith.

They can send all the landmen they want to scare landowners but in the end the law requires good faith bargaining.

Hold out.

Permalink Reply by Joseph-Ohio on September 1, 2013 at 12:24pm
Thanks for your clarifications Mark.
Permalink Reply by Jeff Polara on September 1, 2013 at 12:36pm

Thanks for all the great replies. I never dealt with anything so complicated and convoluted in my life and I am 50.

Permalink Reply by Joseph-Ohio on September 1, 2013 at 1:35pm
Mark,

Can you clarify the difference between 'force pooling or mandatory pooling' rules and 'unitization' rules ?
Permalink Reply by Philip Brutz on September 2, 2013 at 12:46am
Permalink Reply by Joseph-Ohio on September 2, 2013 at 1:34am
Thanks Philip.

As landowners, we're focused on the words "fair and equitable".

We always were and still are.

Thanks again.
Permalink Reply by Mark McGrail on September 2, 2013 at 1:58am

Joseph,

In my view attempts to lease does not mean a landman making an offer and telling the landowner "take it or leave it". Which in many instances is what is occurring.

Landowners need to realize they may have to attend a hearing. In the past when unitization has been approved the landowner never showed up.

Landowners need to let the committee know that they are willing to lease but the company refused to act in a fair and equitable manner.

Permalink Reply by Joseph-Ohio on September 2, 2013 at 11:19am

Thanks again Mark.

Hope it doesn't happen to us should our chance at bat come to pass.

 

Permalink Reply by Joseph-Ohio on September 2, 2013 at 11:22am

Philip,

Noting that two of the three links you provided earlier (in your post above) have collapsed.

"Bad Gateway"

Interesting in that I was able to go to the ODNR Rules pertaining to each earlier today.

What do you think has happened since ?

The only one that works now is:  http://codes.ohio.gov/orc/1509.27 

Permalink Reply by Mark McGrail on September 2, 2013 at 1:49am

Joseph,

In general mandatory pooling applies to urban areas and small parcels and issues of spacing. Unitization applies to larger parcels.

Permalink Reply by Joseph-Ohio on September 2, 2013 at 11:19am

Thanks again Mark.

Noting that two of the three links Philip Brutz provided above have collapsed.

"Bad Gateway"

Interesting in that I was able to go to the ODNR Rules pertaining to each earlier today.

Anybody know what's happened since ?

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