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 Todd on April 8, 2015 at 10:10am

Delegate Pat McGeehan's column in Ohio Valley Shale Play entitled 'Forced Pooling’ Bad Idea Economically, Ethically:

http://www.shaleplayohiovalley.com/page/content.detail/id/511210.html

Permalink Reply by Nancy Mosley on April 8, 2015 at 1:55pm

Thanks for posting this link.

Permalink Reply by Joe on April 8, 2015 at 1:57pm

Sounds like Pat McGeehan understands better than most just how devastating a forced  pooling bill would be to West Virginia. I  believe very few oppose O&G development completely. Most only want what they deserve, a fair share of the profit. We need to support McGeehan any way possible.

Permalink Reply by D L T on April 8, 2015 at 2:30pm

The legislation needs to get on the partition suits too.  The oil companies are filing them and hoping they can get a sympathetic judge to rule in their favor.  They buy some of the minerals from a leased heir which now makes them an owner and then file the suit. They argue the unsigned heirs are holding them up from producing their interests along with the signed heirs.  Even if they don't win, they make you spend money to lawyer up.  They are hoping most people can't afford to lawyer up so they sign before the hearing on the suit.  This is just another form of forced pooling. 

Permalink Reply by Nancy Mosley on April 8, 2015 at 2:46pm

Very true D L T.

Permalink Reply by Barbara McIntyre Ray on April 8, 2015 at 3:58pm

Thanks to all of you for the information you have provided.  Now I understand why I am getting offers to "buy" my mineral rights.  Of course, I have declined all offers.  However, do any of you have any knowledge of Commonwealth Energy, Inc. in Weston, WV?  I have correspondence from them wanting me to sign a Ratification of Lease dated August 27, 2009 with four individuals named on the lease.  Commonwealth states they have a lease hold on the acreage and drilled at least one well, which they say is producing.  I do not understand how they can have drilled without my lease agreement as I own 1/6 interest.  After refusing to sign the ratification (I had been in negotiations with another company), I was informed that "royalties due to you do exist, and will be put in an escrow account here in West Virginia.  After five years, this account will be sent to the State Auditor's Unclaimed Property to be held.  She is also "desperate" in her terms, for me to sign heirship  papers, which I have not done.  I have used an attorney here in Texas, but he is unfamiliar with WV laws.  While I hate to do it, I guess I must get an attorney to represent me in WV.  If anyone is familiar with a fair but reasonable attorney, I would appreciate your input.  Thank you and thanks for your input to this site. 

Permalink Reply by Jason on April 8, 2015 at 4:20pm
Todd who posted a link above you should be able to provide a name of a wv attorney.
Best of luck.
Permalink Reply by Nancy Mosley on April 8, 2015 at 4:24pm
I use Kyle Nuttall of Buckhannon Wv. He is a member of this forum. Did you say what county the minerals are in?
Permalink Reply by Barbara McIntyre Ray on April 9, 2015 at 5:51am

They are in Tyler County.  I had seen his name in connection with this forum.  Thanks Nancy and Jason, I appreciate your advice..  What a mess this is.  Anyone else care to add advise, please feel free----as that is probably be the last "free" advise I will have !!!!   lol 

Permalink Reply by Nancy Mosley on April 9, 2015 at 2:06pm

Tyler County records are online. Here is the link to the newer records

Tyler County documents and tax records

Choose Document Imaging for the deeds and leases and wills, and choose Tax Inquiry to see tax records.

For the older deeds etc, here is what someone wrote (I did this)

If you want deeds before the mid ninety's, you need to install a separate app on your desktop. Basically after the page loads and you click on document image button, you go to far right and right click on the button farthest right that says right click (there may be two). You then left click " remove this application". When that is finished you right click again on the button which has a new name..."Book/Page" and you have the option to install "WEB book and Page application onto this computer". This will install a link on your desktop which you can then use to find older deeds....

Using the older website is tricky, having to use grantor index, grantee index, index to wills, maybe other indexes. If you get far and need help, please send a friend request and I'll help. Once you find deeds you want to order, call the Tyler County County Clerk's office and ask how they want to do it. It is $1 a page ( $1.50 for the first two pages). You can see if you find the lease that the company says is holding you, and maybe find if one of your ancestors signed it. It can get sort of complicated, but I have been doing this for awhile, sorting out what I inherited, and even finding some family history information.

Permalink Reply by Barbara McIntyre Ray on April 9, 2015 at 6:33am

Thank you, Todd.  I will be in touch in the near future.  I must go through all the materials I have, organize them, and prepare my mind to ask pertinent and relevant questions.  I really would rather be working out side with my flowers !!!!  lol

Permalink Reply by Barbara McIntyre Ray on April 9, 2015 at 12:12pm

I think you did not understand my comment---I have a pastoral life and would rather be outside with my  own personal flower gardens which have NO value to anyone but me---than wrangling with powers I don't understand and am forced to legal representatives, that I do not know-- and -don't know if I can trust.  ---Your comment makes me more than skeptical.  Sorry if I offend, but please understand my "interpretation" of your comment.  Please respond if I have mis-interpreted.  All other followers of this site---please give me your HONEST understandings of this mess .  if YOU WOULD LIKE TO PM me, that is acceptable. 

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