Replies to This Discussion

Permalink Reply by Graham on April 1, 2012 at 1:47pm

I'm hearing there's no agreement yet.

Permalink Reply by Belmontlandowner on April 2, 2012 at 2:16am

Everyone needs to go to the court house and see if they have a deed for the sale of their coal rights. Empire Coal bought many of the coal rights in Belmont County in the early 1900s. In the deed the language specifically says

"Reserving to the grantors herein its right to drill through said coal for oil and gas or any other mineral except the one vein of coal".

This gives the owner of the mineral rights the right to retrieve the oil and gas even if you have to go through the coal to get it. This contractual language should be all that is needed in this fight with the coal company.  Please check and see if you have such a deed.

Permalink Reply by Belmontlandowner on April 2, 2012 at 10:13am

The oil and gas rights would be owned by either the land owner( grantor) or whoever the land owner sold the mineral rights to. Regardless, whoever owns the mineral rights has the right to drill through the coal to retrieve the minerals. The rights to the minerals would transfer with the deed if they weren't reserved.

Permalink Reply by Belmontlandowner on April 3, 2012 at 6:57am

No, I'm not saying the owner reserved the oil and gas. Why would he reserve it if he wasn't selling the property? I'm saying that the grantor has the right to drill through the coal to retrieve the oil and gas. That's the beginning and the end of the story. No 'reserving' was going on. No I'm not a lawyer (?). This has nothing to do with who owns the oil and gas. This is only to bring to light that per the contract signed with Empire Coal, that those who do own the oil and gas rights have the right to go through the coal to retrieve it. Consequently, I would think that the contract language would stop Murray Energy from attempting to prevent the O&G drilling on those properties that have such a contract deed in the recorder's office. Nothing more should be construed in what I am saying.

Permalink Reply by Graham on April 2, 2012 at 12:12pm

Most of the early coal rights in Eastern Belmont County specifically stated the Pittsburgh #8 coal seam. That's all they wanted. As far as the coal vs. gas battle, it's my understanding that Murray Energy is stating that these wells will ruin it's long term mining plan. ODNR is caught in the middle, because it controls the permitting for both resources.

Permalink Reply by Cheyenne on April 3, 2012 at 4:29am

Checked out the court records and found that in 1905 a former landowner sold the #8 coal vein for fifty cents per acre, however the landowner reserved the right to drill through the #8 coal to produce gas and oil.
What reasonable court judge would conclude that coal is superior and prevent us from harvesting the O&G on our farm?

Permalink Reply by Belmontlandowner on April 3, 2012 at 6:59am

That is exactly my point. Thank you for checking. Now if everyone would check and contact the ODNR about the contract language. How can Murray Energy attempt to stop the drilling when the contractual agreement says that the owner has the right to drill?

Permalink Reply by Cheyenne on April 3, 2012 at 9:38am

Is this local coal operator someone that likes to throw his weight around to get his way? If someone wants to control the oil and gas here they should consider purchasing it from the landowners instead of declaring themselves superior and attempting to exert control over something they do not own.