Mr. Buell is certainly not alone as many of the wells under development at present are being developed on old leases or properties from which the mineral rights are owned seperately from the surface rights.

http://www.ohio.com/news/top-stories/ohio-landowner-misses-out-on-u...

 

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Wow, what a great story! Thanks for posting it. My heart goes out to Mr. Bell and others in his situation.

I agree Fang and while I do feel somewhat sad for Mr. Buell, it is somewhat tempered.  Based on the location of his land and when he purchased, I am fairly sure he knew very well he was not purchasing mineral rights when he purchased the surface.   Many people have taken advantage of very cheap surface land because it has stripped and/or the mineral rights are owned by another entity.    Of course hindsight is 20/20 - no one could have known "this" was to come or perhaps he would have made different decisions- and perhaps the price would have reflected the knowledge.   We make the best decisions we can with the information we have at the time.

Recent events should change the way every land purchaser and title company approaches transactions.  

Chesapeake should really pay him for the damage to his crops and his land. He's entitled to at least that much. Just because he doesn't own his minerals doesn't mean that they need to be dicks about it.

He certainly should be compensated for any surface damage, he is the "surface" owner.   I am guessing the old coal leases do not cover those concerns like the new leases do, and that is a shame. 

I am sure that was the case, obviously stripping destroys the surface.  Total guess here...but I would bet most of the land purchased by Mr. Buell was reclaimed strip.  

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