WEST VIRGINIA FORCED POOLING...STOP IT OR LOSE YOUR LEASING RIGHTS !!!

The House Judiciary Committee of the West Virginia Legislature is preparing legislation to authorize forced pooling and multiple bore holes on a single drilling pad. Further review of the proposed legislation will continue during the January 2011 interim meetings, which will be held just prior to the start of the 2011 regular session on the West Virginia Legislature. The 2011 session begins January 12, 2011.


A FEW FACTS WHY YOU NEED TO TAKE ACTION

1- You will lose your right to lease your minerals on your terms. All “tax paying” mineral owners in West Virginia should reserve the ''Right to a Fair Lease'' !

2- Billions of dollars will be lost to the State and the mineral owners during the coming years of leasing and drilling !

3- The companies will be able to ''Force Pool'' any acreage (leased or unleased). For the unleased, pay no bonus monies and also they may only have to pay the state minimum 12.5% royalty. For the the leased, you will never get the chance to negotiate a more favorable and fair lease on your terms with addendums and separate leases for multipul parcels and formations if your poorly executed lease expires. If ''Forced Pooling'' is enacted, your chances of seeing your poorly executed leases expire greatly diminish.

4- The companies will also be able to “Hold By Production” millions of acres by including only a portion of large and small parcels in a drilling unit ! Also, the companies have taken advantage of many unknowing mineral owners by getting them to sign over multiple parcels within the same county on a single lease, allowing the companies to ''Hold By Production'' all parcels that have been included in the lease, once a well is drilled on any one parcel. If Forced Pooling is enacted, the companies will likely start applying for and drilling hundreds of verticals throughout the state so as to ''HBP'' as much acreage as possible before leases expire.


5- The companies will be able to take all gas producing formations from the mineral owners. Mineral owners should reserve the right to lease each formation separately.

6- The companies will be able to drill based on all the poorly executed early leases and the unsigned will not be able to add in addendums for protections. (This could end up being a hugh problem for the State and even envirometalists should be against ''Forced Pooling'' based on this fact).

7- The companies already knew that ''Forced Pooling'' could possibly be enacted before the leasing ever began. If you do your homework, you will see that the companies came in and leased up much of the large acreage first. If the large acreage had more than one owner, they would take a lease with the owner or owners who held the largest percentage and never offer, and in many cases, never even contact the remaining coowners who held the smaller percentage, in hopes of being able to ''Force Pool'' them in the future. There may be an instance where a mineral owner may not be found, but the drill still is allowed to go into the ground. As for the mineral owners who can be found, these companies should be “Forced” to contact all owners initially and present an offer to the group.

8- WVSORO wants Forced Pooling but they have gone as far as to say this about horizontal drilling;

“WVSORO generally favors horizontal drilling because one well site, access road and pipeline replaces three or four. Moreover, if horizontal wells are drilled from centralized well pads, one well site, access road and pipeline can replace more than 20 vertical well sites“.
Will WVSORO ever be happy?

9- WVSORO and the companies always use the term “landowner” to make the story of ''Forced Pooling'' sound as if it may be the only way an unleased landowner will be able to share in the royalties. Fact is, most landowners in West Virginia do not own the mineral rights that lay beneath their surface, thus misleading more people to believe that ''Forced Pooling'' is the right thing to do.

10- Forced Pooling will keep Billions of dollars from coming into the state and send it back to Texas, Oaklahoma ect !!!

Are you (WV MINERAL OWNERS) doing all you can to stop ''Forced Pooling''?
Most people in WV may not be willing to share information about their mineral ownership, what they have been offered for their rights, how much they recieved for leasing their minerals, what addendums they were able to negotiate, and so on.

FORCED POOLING IS NO JOKE !!! DO YOU WANT TO LOSE YOUR RIGHTS ? THEY WILL TAKE YOUR MINERALS !!!!

Individuals, Groups, Family Members, everyone needs to speak up about ''Forced Pooling". Get the word out !!!
Call your Legislators !!!
Call the media, newspapers, tv, ect. !!!



 


Below is a contact list of the Senate and House Judiciary A Subcommittee Members.

It would be in your best interest to contact as many of the Legislators as possible.

I cannot stress enough how important it is for EVERY WEST VIRGINIA MINERAL OWNER to contact these members and voice your disapproval of FORCED POOLING.

FORCED POOLING AFFECTS EVERYONE, LEASED OR UNLEASED !!!
DON'T LET THEM STEAL YOUR MINERALS AND TAKE AWAY YOUR LEASING RIGHTS !!!
NOW IS THE TIME TO SPEAK UP AND TELL ALL YOUR FRIENDS, NEIGHBORS, FAMILY MEMBERS, GROUP MEMBERS, ANYONE YOU BELIEVE MAY OWN MINERAL RIGHTS, ABOUT FORCED POOLING. EVEN IF YOU LIVE OUT OF STATE, YOU PAY YOUR TAXES FOR YOUR MINERALS SO SPEAK YOUR MIND !!!

PLEASE PASS THIS LIST ON TO ANYONE WHO MAY NOT BE A MEMBER OF THIS SITE.



Judiciary A Subcommittee Senate
Senator Herb Snyder - Chair (D - Jefferson) District 16
Capitol Phone: (304) 357-7957
E-mail: herb.snyder@wvsenate.gov
Capitol Address: Room 217W, Building 1, State Capitol Complex, Charleston, WV 25305

Senator Clark S. Barnes (R - Randolph) District 15
Capitol Phone: (304) 357-7973
E-mail: clark.barnes@wvsenate.gov
Capitol Address: Room 203W, Building 1, State Capitol Complex, Charleston, WV 25305

Senator Richard Browning (D - Wyoming) District 9
Capitol Phone: (304) 357-7807
E-mail: richardbrowning@verizon.net
Capitol Address: Room 204W, Building 1, State Capitol Complex, Charleston, WV 25305

Senator Frank Deem (R - Wood) District 3
Capitol Phone: (304) 357-7970
E-mail: fdeem@mail.wvnet.edu
Capitol Address: Room 217W, Building 1, State Capitol Complex, Charleston, WV 25305

Senator Dan Foster (D - Kanawha) District 17
Capitol Phone: (304) 357-7866
E-mail: daniel.foster@camc.org
Capitol Address: Room 223W, Building 1, State Capitol Complex, Charleston, WV 25305

Senator Mike Hall (R - Putnam) District 4
Capitol Phone: (304) 357-7901
E-mail: delegate200@hotmail.com
Capitol Address: Room 245M, Building 1, State Capitol Complex, Charleston, WV 25305

Senator William R. Laird IV (D - Fayette) District 11
Capitol Phone: (304) 357-7849
E-mail: william.laird@wvsenate.gov
Capitol Address: Room 229W, Building 1, State Capitol Complex, Charleston, WV 25305

Senator Joseph M. Minard (D - Harrison) District 12
Capitol Phone: (304) 357-7904
E-mail: joe.minard@wvsenate.gov
Capitol Address: Room 206W, Building 1, State Capitol Complex, Charleston, WV 25305

Senator Ron Stollings (D - Boone) District 7
Capitol Phone: (304) 357-7939
E-mail: ron.stollings@verizon.net
Capitol Address: Room 229W, Building 1, State Capitol Complex, Charleston, WV 25305

Senator Jack Yost (D - Brooke) District 1
Capitol Phone: (304) 357-7984
E-mail: jack.yost@wvsenate.gov
Capitol Address: Room 213W, Building 1, State Capitol Complex, Charleston, WV 25305

Senator Jeffrey V. Kessler (D - Marshall) District 2
(Senate Judiciary Chairman, Ex Officio member of Subcommittee A)
Capitol Phone: (304) 357-7880
E-mail: jeff.kessler@wvsenate.gov
Capitol Address: Room 210W, Building 1, State Capitol Complex, Charleston, WV 25305


Judiciary A Subcommittee House Members

Delegate William R. Wooton - Chair (D - Raleigh) District 27
Capitol Phone: (304) 340-3164
E-mail: william.wooton@wvhouse.gov
Capitol Address: Room 476M, Building 1, State Capitol Complex, Charleston, WV 25305

Delegate Larry W. Barker (D - Boone) District 18
Capitol Phone: (304) 340-3149
E-mail: larry.barker@wvhouse.gov
Capitol Address: Room 224E, Building 1, State Capitol Complex, Charleston, WV 25305

Delegate Mike Caputo (D - Marion) District 43
Capitol Phone: (304) 340-3249
E-mail: mike.caputo@wvhouse.gov
Capitol Address: Room 246M, Building 1, State Capitol Complex, Charleston, WV 25305

Delegate Michael T. Ferro (D - Marshall) District 04
Capitol Phone: (304) 340-3111
E-mail: mike.ferro@wvhouse.gov
Capitol Address: Room 222E, Building 1, State Capitol Complex, Charleston, WV 25305

Delegate Mike Ross (D - Randolph) District 37
Capitol Phone: (304) 340-3145
E-mail: mike.ross@wvhouse.gov
Capitol Address: Room 224E, Building 1, State Capitol Complex, Charleston, WV 25305

Delegate Robert A. Schadler (R - Mineral) District 49
Capitol Phone: (304) 340-3191
E-mail: rschadler@comcast.net
Capitol Address: Room 6R, Building 1, State Capitol Complex, Charleston, WV 25305

Delegate Patti Eagloski Schoen (R - Putnam) District 14
Capitol Phone: (304) 340-3141
E-mail: pschoen@mail.wvnet.edu
Capitol Address: Room 150R, Building 1, State Capitol Complex, Charleston, WV 25305

Delegate Danny Wells (D - Kanawha) District 30
Capitol Phone: (304) 340-3287
E-mail: danny.wells@wvhouse.gov
Capitol Address: Room 208E, Building 1, State Capitol Complex, Charleston, WV 25305

Delegate Tim Manchin (D - Marion) District 43 - Nonvoting member
Capitol Phone: (304) 340-3166
E-mail: tmanchin@manchin-aloi.com
Capitol Address: Room 212E, Building 1, State Capitol Complex, Charleston, WV 25305

Delegate Tim Miley (D - Harrison) District 41
(House Judiciary Chairman, Ex Officio member of Subcommittee A)
Capitol Phone: (304) 340-3252
E-mail: tim.miley@wvhouse.gov
Capitol Address: Room 418M, Building 1, State Capitol Complex, Charleston, WV 25305

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Thanks for having my back Todd !!! 

May all WV mineral rights owners have the courage to stand up and fight for their "RIGHT TO A FAIR LEASE" !!!

Truth is truth - West Virginian's need to wake up before their rights are stolen in their sleep.
Billy, here are a couple of quotes you might like also.

Chesapeake's Aubrey McClendon, on leases!
"The neat thing is leasehold is always cheap in a play whether you pay $5,000 an acre or $10,000 or $20,000 or $30,000. In most of these shale plays it matters hardly at all as to what you pay for leasehold because you consume so much leasehold at 88 acres generally a well and these wells can cost $3 million to $6.5 million. So you put some leasehold on top of that it’s just not much money..."Aubrey McClendon estimated his company's Marcellus leases are worth $35,900 an acre.

Range Resources Corp.'s holdings in the Marcellus Shale natural gas formation are worth four times the $14,000-an-acre price that other sales have brought, CEO John Pinkerton said.
"If I sold today for $14,000 an acre, I'd be selling it for a quarter of what it's worth," he said.
Let's see, thats $56,000 an acre.

WVSORO WILL SAY ANYTHING TO GET FORCED POOLING !!!

If you read my inital post about WVSORO you'll see that they state;

“WVSORO generally favors horizontal drilling because one well site, access road and pipeline replaces three or four. Moreover, if horizontal wells are drilled from centralized well pads, one well site, access road and pipeline can replace more than 20 vertical well sites“.

What WVSORO is now saying;

”Shale-gas drilling, such as in the Marcellus Shale play causes an exponential increase in surface disturbance.

IF THEY WANT TO TALK ABOUT "SURFACE DISTURBANCE" - CHECK OUT THE "DISTURBANCE" OF MOUNTAIN TOP COAL REMOVAL IN THE PHOTO GALLERY LISTED IN THE FOLLOWING LINK:

 

MOUNTAIN TOP COAL REMOVAL PHOTO GALLERIES

 

THE LATEST ONE SHOWN IN THE GALLERY IS FROM APRIL 28, 2010 - IN MY STATE OF WEST VIRGINIA.

 

JUST SCROLL DOWN THROUGH ALL THE AERIAL PHOTO SERIES ON THE PAGE UNTIL YOU UNDERSTAND HOW COAL HAS RAPED, ROBBED AND PILLAGED OUR STATE - IN PART BECAUSE THE COAL COMPANIES CALLED THE SHOTS AND GOT CONTROL OF THE MINING PRACTICES THROUGH WV'S CORRUPT POLITICO'S , WHO BOUGHT THEIR OWN SUPREME COURT JUDGES AND LEGISLATORS TO PUSH THEIR AGENDA'S THROUGH.

 

YOU WANT TO TRY AND TELL ME THAT HORIZONTAL DRILLING FOR MARCELLUS SHALE GAS, WILL EVER DESTROY OR "DISTURB" OUR BELOVED MOUNTAINS LIKE THIS ????

 

IF YOU ALLOW "FORCED POOLING" TO BECOME LAW - YOU ARE AGAIN ALLOWING OUR STATE TO BE CONTROLLED BY THE INDUSTRY - THE TAIL WAGGING THE DOG - AND IT LOOKS LIKE WEST VIRGINIANS SHOULD JUST PREPARE TO "ASSUME THE POSITION" AGAIN !

 

THAT'S JUST HOW IT HAPPENED WITH THE COAL INDUSTRY...  

 

 

 

If this becomes law you need to sue to overturn it in Federal Court.  Forced pooling is a pure takings under the U.S. Constituion.  Here's a link to a suit in Virginia over a similar statute.

 

http://www2.timesdispatch.com/news/2010/jan/04/gass04_20100103-2214...

 

Rights holders need to get organized now.

 

I pray this crap doesn't cross the border into Pennsylvannia....

 

Henry, forced pooling has been an issue in Pa. although I believe it may have been slowed a bit.

Here are a few stories you may find interesting.

http://thedailyreview.com/opinion/acquiescence-should-not-be-forced...

http://citizensvoice.com/news/forced-pooling-protest-planned-in-har...

http://www.timesleader.com/news/Activists-rally-against-forced-pool...

Thanks for the link to a very informative article, Henry.  West Virginians need to put down the "forced pooling" ideas right now.

Why oh why would you trust an energy company?  Remember Halleburton?  Remember BP?  What on earth makes you think gas drillers are any different?  Most of the companies operating in Pa, or devastating Pa I should say, are foreign; Canada, India, Norway, Japan.    And you can bet they will sell to the highest bidder whether it is in Timbucktu or Mumbai.  Don't believe me?  Read the Wall Street Journal, it 's not  a secret.  And I wonder why West Virginia with all the wonderful gas resources is still one of the poorest states per capita in the US.  Hhmm.
Good to see people aware and active regarding the Forced Pooling issue. One thing to keep in mind is that - under the right conditions and properly worded legislation - Forced Pooling could be a good thing. What WV O&G owners should be concerned about is the language to the current draft bills floating around. My business partner has taken on a lobbyist to help fight this issue and keep any of the current drafts from moving forward in their present form. We welcome any who would like to have their email addresses included in updates to our efforts.

''One thing to keep in mind is that - under the right conditions and properly worded legislation - Forced Pooling could be a good thing''.

Mr. Harris,

  If you don't mind, would you be kind enough to share with us the right conditions and properly worded legislation ?

                                Thanks, gasoholic

There are situations where an operator cannot lease all interests needed to complete a unit that is beyond their control to remedy. For example, suppose you have a 100 acre tract in which the interests are tied up in heirship. All of the owners cannot be identified or located due to incomplete records at the County level. If I own oil and gas that would fall within the boundaries of that proposed unit and I have negotiated a lease that is acceptable to me, then I want the operator to have the option to force pool the unknown or unlocatable owners to complete the unit so my interests can be developed. Any legislation would have to stipulate the circumstances by which an operator could force pool. We feel that allowing them (operators) to force pool anyone once they have 50% leased [or in some proposed legislation, no specific percentage has to be leased] is unacceptable. However, allowing them to force pool specifically in PROVEN cases where the owners cannot be known or found would allow the other interests to be developed. Also, if they must force pool, then those who cannot be found would receive the best terms offered by the operator within a certain area (say 25 miles) from the drill site. I hope this helps. I would be happy to address any other questions you may have.

 

Thanks,

D. Harris

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