PA DNR claiming mineral rights to streambeds that are on their public streambed map

I have land in a unit in Bradford county  operated by Chesapeake.  While waiting for division orders on the unit that started production in Nov. 2014 , i was told that unit's setup by land dept was not completed yet , although unit was filed in 2012. It turns out that the land dept had to take away acreage from my lease to give it to the DCNR for a public streambed i was not even aware I had on my property. The DCNR is claiming these mineral rights on a stream that was designated as a navigable waterway in the 1700's , all the way to its mapped source that is now dried up, This is the South branch Towanda Creek in my case , but local small streams such as the Little Loyalsock in Sullivan County are also on the map. this is the URL  http://www.gis.dcnr.state.pa.us/maps/index.html?publicstreams=true

The DCNR mapping dept has not returned my calls . The local property tax dept verified that I pay property taxes on my total parcel , including the streambed. I didnt get how the gas company was acting on this claim since I had not seen an amended unit filed at courthouse recently changing my parcel. Usually the gas company will change nothing in unit for landowner until its all tied up with a bow and filed at courthouse. 

The county planning dept was not aware of these actions either , but kindly directed me to Rep. Tina Pickett's office .  Finally someone knew what was going on. I did know that the DCNR had been working on leasing the mineral rights under the Susquehnna river , which made a little more sense as a navigable river. But Rep Pickett's aide informed me that they had been getting calls about people losing their mineral rights under tiny little streams designated on the DCNR's map. There is case in court regarding this so the gas company's are taking the land and setting it aside until it is settled .I was also told they... Pickett's office ..cant get involved now that there is an ongoing court case . I did not know that rule  either , seems like just the sort of thing they should be involved in , but no , we just have to wait on the outcome of the case, hmmm ...Does anyone know the specifics of the this case , I have not been able find any , and the Representatives legislative aide Jason Krise (570)265-3124  did not have anymore to tell me about it  ?   here are some links with informative articles on the subject

marcellus drilling news -PA DCNR Program lease

PAWaterBodies.pdf

marcellus drilling new feb 2015

.palandowners.org

Views: 1604

Reply to This

Replies to This Discussion

I would suggest getting together with as many neighbors as possible to see what can be done.  Even go to neighboring counties with landowners so affected.  Look into the lawsuit, see if it is a class action or of it can be joined as a class action.

If you and others have been paying taxes on this disputed acreage than this sounds like an illegal taking. At the least, you should be entitled to compensation. (I am not an attorney, seek legal advice).

Talk to several state reps in the affected area.  While they cannot interfere in a court case, they can investigate the issue and write curative legislation.

Good luck, keep us posted.

The Commonwealth will feel the sting of being shorted royalties by Chesapeake Energy using all those deductions they aren't supposed to take.

Maybe PA will be the lead complainant in your Chesapeake lawsuits and pay the bills.

Then sue the state after they pay the bills.

If the state decides the land is theirs and refunds taxes (hah, hah), then we can talk about reparations for the damage to tillable land that we private owners have that has been done by their wandering streams over the years.  many of us have attempted to get permits, permission, or help to contain this erosion, only to be told by the DER this was a natural occurrence and could not be interfered with.  If they own the stream beds, then they are liable.

RSS

© 2024   Created by Keith Mauck (Site Publisher).   Powered by

Badges  |  Report an Issue  |  Terms of Service