chk putting a pad on my property..advice

chk showed up on my farm today and started constuction on a pad and water impoundment.  gave us no notice...no surface agreement was signed....they are taking 12 to fifteen acres of our crop field..cutting trees..putting in roads etc.  i had no idea they were starting.  they gave us a surface agreement to look at...never came back and just showed up digging.  i went out this morning...shut them down...after i left they started again.  we have an old o&g lease from 2005...they say they can do whatever they want...any advice  mark

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Permalink Reply by mark o on December 12, 2011 at 1:02am

yes i do,  so then i should just let them do whatever they want with complete disregard for any contracts or laws.  BS!!!    i went into this being a believer that chk would do the right thing.  i will be at my farm with the police if they show up this morning.   beacause they drill does not put them above the law!!!

Permalink Reply by craig on December 12, 2011 at 3:01am

Seems that they are making more and more folks mad with their tactics in our area Mark. I suspect the time may be coming that there will be enough of us that are upset to form a group with enough money to take them to task. In fact talk is already beginning, as you well know. 

Why can't they just keep folks informed and treat us like any other business would? I guess greed comes to mind.

Permalink Reply by mark o on December 12, 2011 at 3:41am

just came from farm.  tried to stop them.  called police.  police told me they have every right  to be there.  he said they work with chk all the time.  he told me to leave them alone or he would impound my truck and arrest me for disorderly conduct.  he said they did every thing right.  wow  cop and lawyer all in one!!!  chk threatened to charge me for all down time of the crews.  time to lawyer up!!  this is going to get ugly!!!!!    any advice would be helpful!!!

 

Permalink Reply by Elizabeth Schrett on December 12, 2011 at 4:19am

Mark where are you in Beaver County?

 

Permalink Reply by mark o on December 12, 2011 at 4:21am

south beaver hodgson rd

Permalink Reply by craig on December 12, 2011 at 4:57am

Like i've been saying, there will come the day that CHK will be challenged to their unethical ways. Maybe that day is quickly coming. 

Ever hear of the RICO act and how it is being used now days instead of the way it was meant to be used?

Looks like a possible candidate.

Permalink Reply by Jack Straw on December 12, 2011 at 5:15am

My thoughts:

First you need to enlist the services of an aggressive Attorney with O&G expertise.

 

When you have had a chance to calm down, collect your thoughts, facts and documents. Write down what has occurred, in a concise chronological fashion.

To stir the pot, you could contact:  

your County District Attorney, Anthony Berosh

the PA Attorney Generals office:    

                               http://www.attorneygeneral.gov/

your State Senator

your State House Representative

your local TV stations (consumer affairs)

your local newspaper

definitely contact the authors of this

Pittsburgh Post-Gazette article:

http://www.post-gazette.com/pg/11345/1196135-503.stm

 

Good luck.

 

All in my humble opinion.

One size fits most.

 

JS

Permalink Reply by mark o on December 12, 2011 at 5:25am

already workin an attorney,  call post gazette and left message with reporters and my local newspaper...nobody wants to touch them....everybody is afraid of the deep pockets. 

Permalink Reply by TFP on December 12, 2011 at 5:47am

In a previous post I said call representative Vogel in Rochester, he is actually a farmer himself I do believe.   Its worth a shot.   Beaver County Times probably would be a good try for a story.

I dont understand why the police would say what they did say to do without knowing the exact terms of the lease.   Thats what is the bottom line, the lease and what it says.   I do believe a good attorney with oil and gas knowledge can read your lease with you and determine the best plan of action.    

Permalink Reply by mark o on December 12, 2011 at 5:54am

i just got contacted by a post gazette reporter..said they would get back to me.  waiting for the times to return call.  i cant understand how this company works.  we tried calling them for weeks before they started and never got a return call.  we are not even sure what they want to do at our farm.  everyday its something different and now its threats to leave them alone or else.  the funny thing is we wanted them there...we heard they were a company that really works with the land owner...wow was i wrong!!!

Permalink Reply by Brian V. on December 12, 2011 at 6:28am

This all makes no sense to me. I have seen many leases over the years from a number of companies. Any surface lease grants the right to enter and do exactly what CHK is doing. What doesn't make any sense to me is that they just showed up without notice. I know many, many folks that have had surface operations conducted on their properties and not one had not known in advance the intent of the company to enter onto the property. Pipeline, well pad, impoundment, seismic and on and on. How long before they showed up did they offer the surface agreement? By the terms of older leases and even newer ones to an extent, even without a surface3 agreement agreed to the still have the right to develop their lease hold. They certainly do not have to be held back by someone dragging their feet. I'm not implying that you did that, but they obviously needed to get this started, most likely to hold another lease.

 

I have a friend that signed a lease back in 2003 for $10/acre. He tried to make up the difference in what is being paid now, by trying to get a surface payment far beyond "market value". The company showed up with their surveyors and equipment and a take it or leave it surface agreement. He spent $1100.00 for an attorney and ended up having to take the take it or leave it deal. You need to do your research and get a clear understanding of the rights granted in your lease or hire an attorney to do it.

Permalink Reply by DrWAVeSport Cd1 on December 12, 2011 at 6:30am

mark o,

As I live in the Haynesville Shale in NW Louisiana...I hesitate to offer any words in either direction per CHK and your farm land being exposed to them.  I will, however, say that I too am in constant "battle," with CHK and my mineral properties.

You have a lease, I am Unleased, After Payout (APO) well interest owner in a CHK nat gas well. I understand and feel your frustrations.  I have found over the past 18 months that I must think "smarter," and be much "wiser" when dealing with CHK.  I do not have CHK's "muscle," therefore I have to work my wee "muscles" in a different way.

CHK cannot cross my property as I am unleased.  But, they do take my mineral moneys to pay for the HS well they drilled June 2010.  And, I am still waiting  to see the 1st nickel in my pocket...one nickel CHK is fighting to keep with every "muscle" they have.  Doesn't make sense to me, but CHK needs $$$$$$ to continue their Operations in all the Shale Plays they have invested BILLIONS in...and for which extremely low nat gas prices have sunk them to-date.

CHK is rushing like mad to drill more wells in the Marcellus Shale, because they have to produce $$$$$ to fund Mr. Chesapeake's aggressive land grabbing hands.

I know that actions seem to speak louder than words.  But, here, I think landowners/mineral owners have to keep their distance.  I know, that doesn't seem right.  But CHK and other O&G Companies do have more "sway" and "leeway" due to lease agreements, old and new; local businesses (O&Gs are supplying jobs and sales); and local and State Government officials (more $$$$$$ tax dollars). 

You, and I, however...can't do any of that...We just supply the nat gas from which CHK and Other O&Gs get to use to produce the jobs, the local sales, the tax dollars.  We don't get the Kudos, unfortunately...We just get the headaches!

I know your "headaches" must be reaching the danger zone by now.  But, please use your wisdom and rights to do "battle" with Chesapeake.  In the end, you will have used the right muscles, and you will, eventually, have your say and be heard.  It won't happen in the beginning, but you will get there.  And, you will have gotten there using an honorable and responsible hand.  That is what your friends and neighbors...and even Chesapeake Energy...will know and remember and respect about You. 

It is a longer road to travel...but it is the only way to travel!  In my most humble of opinions. 

You and your attorney will find a way to get CHK to pay attention to your concerns and do some compromising.  It may take a bit of time, and you may have to "bite your tongue," a little...as I have had to do on mmmmmany occasions...  But, for us CHK mineral owners...That is the way we must go, IMHO. Through the legal channels that are available to us.  And learning, understanding, and applying those legalease to our mineral lifetimes is a challenge to pursue.  But doing so, I find, lowers my blood pressure and helps me to see other opportunities for me per dealing with the O&G Companies' seeing "me" as a mere fly on their wall. 

mark o...  We wish you luck. And, please know that you are not alone in your demands of fair play with CHK.

Fighting right here with ya...In the Haynesville Shale of Louisiana!

My Best to You and Yours, and your friends and neighbors.

Happy New Years and a Blessed Holiday Season to you.

DrWAVeSport Cd1  12/12/2011     

 

 

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