Forced Pooling - Dead (HB 2688)

The House of Delegates in a rare tie vote rejected so-called forced pooling legislation.

House Bill 2688, also referred to as lease integration, unitization or fair pooling, allows natural gas companies to drill on units where at least 80 percent of surrounding property owners have signed lease agreements. Supporters say the legislation will is needed as natural gas interests in West Virginia continue to expand, but opponents say it infringes on personal property rights. 

Delegate Woody Ireland, R-Ritche, was the lead sponsor of the bill. He said he thought the bill would be close, but the 49-49 tie caught him off guard.

“You’re always surprised by a tie vote,” Ireland said. “I thought it might be 53-47, something like that. It wasn’t, so it is what it is.” 

The roll call shows 21 Republicans and 28 Democrats voting against the legislation. Delegate Pat McGeehan, R-Hancock and leader of the Liberty Caucus, said his group worked to drum up opposition. The caucus opposes legislation that takes away personal freedoms, McGeehan said, no matter which party is behind the bill.

“Forced pooling, we saw as a gross violation of private property rights because it affects the entire state,” he said. “Thousands if not tens of thousands of West Virginia residents would be affected by that and forced to sell their mineral rights or their land rights for artificially low prices. Essentially it’s a form of legal plundering whereby a gas company can come in and take what is an individual’s natural right to property. We wanted to be sure we defeated that because we want to advance the cause of liberty, but sometimes there are harmful, detrimental policies we need to play defense on to protect the people of West Virginia.”

- See more at: http://www.charlestondailymail.com/article/20150315/DM0104/15031942...

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Permalink Reply by Barbara McIntyre Ray on March 16, 2015 at 12:09pm

Thanks for this info and I am so glad it did not pass !!!  Please keep me informed if there are additional attempts before 2016.  Unfortunately, I can't vote since I reside in Texas.  However, I did make calls asking this bill be voted down.  I don't know if the calls helped since, again, I cannot vote for any of the Delegates.  But, the point should be made that some owners of mineral rights do NOT reside in WV but would be affected if a bill of this nature were to be passed.  Thank you again for your concern and information. 

 

Permalink Reply by Joe on March 20, 2015 at 2:48pm

We must make sure to let the delegates that helped kill this bill know that we will do all we can to support them when needed. We must also let the delegates that voted for this bill know that we will do everything we can to see that they are out of office as soon as possible. We have to let them know what we want. They were sent there to REPRESENT US. Not the oil and gas companies.

Permalink Reply by D L T on March 20, 2015 at 4:45pm

Right on Joe.  Here is how they voted.  Some that were for it came over to the "Nays" in the last week and the last day.

http://www.legis.state.wv.us/legisdocs/2015/RS/votes/house/00619.pdf

Permalink Reply by Barbara McIntyre Ray on March 20, 2015 at 7:39pm

Thanks to you who fight for "all" of us----glad some legislators recognize "all that money"  from the O and G companies  WILL NOT necessarily get them re-elected !!  

Permalink Reply by Dan Warner on March 21, 2015 at 9:59am

I try not to be too cynical about our representatives.

Most of these people have morals that extend beyond vote-getting.  It requires true passion to stand against the majority to generate a reasonable doubt for those representatives who are uncertain, or under-educated about a bill.  As well as an electorate, they have family and friends back home who have a stake in remaining free to choose.  

The truth is, selling out to corporate interest might be the easier path to re-election.  We can only imagine the pressure that these folks were under from the bill's supporters.

And it doesn't end here.  Barring a special session (which has already been alluded to by a high ranking Republican senator, Donna Boley), it is only 9 months until the next offensive.  During that time, the bill's opposition will be assaulted by all sort of influences designed to sway their thinking.

Given the current climate, as evidenced by the recent Republican takeover of both houses, I would say that a Nay vote was not a re-election vote.

Permalink Reply by Joe on March 21, 2015 at 2:13pm

Any representative that changes his/her vote now from nay to yea, be it in special session or next term, better be promised a job with the oil and gas companies, because they will need one shortly. This is so crucial to many families that going against the majority of the landowners will be felt for many, many years. I would not want to be the child or grandchild of a politician that votes for the forced pooling bill, when it is time to go to school, kids tease other kids about everything as it is. This bill would cost a lot of landowners, with a lot of family members, and many relatives and friends, a lot of money, for a lot of years. That is not something easily forgotten. Joe

Permalink Reply by Dan Warner on March 22, 2015 at 3:17am

Not everyone is happy that it failed.

Taking into account the numbers of citizens who supported this bill, it's not exactly a win-win.

It was a close vote, and some mineral owners stood to gain from it.

I only wish schoolchildren understood the lawmaking process that well.

 

Permalink Reply by Todd on March 21, 2015 at 10:59pm
Well said Joe. You clearly understand the weight of this issue. I agree wholeheartedly. When I thanked my representatives who voted NO, I thanked them from my whole family and listed each of our names.
Permalink Reply by Joe on March 22, 2015 at 12:36pm

There are probably as many opinions on this issue as there are landowners. We believe that because our home and acreage lies about 3000 feet from the Allison well pad, and that anything that goes on that close to our HOME, could seriously affect oul lives, and future, NO ONE but us has the right to negotiate an agreement for OUR minerals. I'm not talking about people that live in Texas and own a few acres here. I'm talking about living here 30+ years and unable to afford to move. Don't ANYONE try to tell me what THEY think is fair for us, that will affect us for possibly the next thirty or forty years. No one has that right but us. This is our opinion, and yes, just like bums and noses, everyone has one and they are all different..Joe

Permalink Reply by Todd on March 22, 2015 at 1:00pm
Permalink Reply by D L T on March 22, 2015 at 1:23pm

Joe, I understand your fight.  I think people are effected for miles around from a well pad.  Dealing with non stop truck and equipment traffic and being able to get from point A to B becomes a chore.  The roads within a hundred miles from a pad will be affected with all that traffic.  The taxes recouped may not reach out to a county next to the drilling activity.  The truck traffic will still impact those other counties.  I talked to a lady who was raised in Doddridge Co. and she says it is difficult to get to the cemetery where her parents are buried.  She said it was difficult to get past and by the brine trucks and the roads were getting worse.  You mentioned all of the people from out of state who own minerals  They do not get the picture unless they still have family back here.   From a lot of sites, all the talk is about getting the check.  I often wonder what the area will look like in 10 years?  It may not look like "Wild And Wonderful" anymore and some areas do not resemble it now.

Permalink Reply by Joe on March 22, 2015 at 5:43pm

D L T,  Exactly, We have to live here. Who wants to buy a house within smelling distance of a well pad? We hope that the companies are responsible, develop these minerals for everyones benefit, for years to come, with the least impact on the enviornment. I plow snow on about  an acre of our front yard so the deer can graze, and glad to see them get something. What if the g&o companies pollute to the point that most of the wildlife dies or relocates? We don't mind a safe regulated development of our resources, that everyone profits from, and we personally would love to see regulations allowing discounts or exemptions to G&O companies if a certain percentage of those resources are processed and sold within a couple of hundred miles. That would keep foreign companies from buying up al the stock, and shipping all our resources over seas. I don't know most of the answers, just don't want to be forced into something, or out of the home that we bought and love. I believe that there is enough for the oil companies, and the landowners.They can come in, make a profit and leave, and we can make a profit and stay. Joe

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