"Senate GOP sees red flags in Shale tax bill - Patriot-News, 9/30/10

"...A Senate measure might not include forced pooling, which allows companies to drill against a property owner's wishes if a majority of the land around him is leased.

The House bill does not address pooling.

Scarnati said Senate Republicans still intend to negotiate a package that includes safety provisions and possibly local zoning exemptions, but backed off the pooling issue a few steps.

A stream of calls and visits from constituents in the northern tier outraged by the pooling issue has cooled Republican support.  [emphasis mine]

"There's uneasiness in our own caucus, and certainly uneasiness myself," Scarnati said.

He said some variation of pooling might be possible, but property rights are "a fundamental right of our citizens, constitutionally" and important to his constituents.

"It may be a toss-up: Take their property or take their guns, but you're treading on very thin ice if you try either," Scarnati said.

Ray Walker, chairman of the Marcellus Shale Coalition, said the pooling issue was not the most important issue to the industry.

"We're not giving up on it," Walker said, "but we do recognize it's the toughest lift." "

http://www.pennlive.com/statehouse/patriotnews/index.ssf?/base/news...

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Replies to This Discussion

But a lease is still a lease; what's "friendly" to one landowner is not to another. For example, even with a Pugh, a lease would allow a gasco to tie up the part of the land not in a production unit for five years. And, there would be the practical problem of gathering the information about current leases to define what the best lease terms are. Imo, the gascos would strenuously fight any requirement that they give up information about the terms of their leases to a third party,. Nor would they be willing to amend their standard lease to incorporate another gasco's terms. I just don't think it would be workable.
I don't know how you could come to that conclusion from any personal opinion I've posted. My position remains that I don't think a landowner should be forced to accept any non-negotiable lease. That an imposed lease might be marginally more acceptable than the gasco's standard lease doesn't make it ok.
Since I'm not promoting forced pooling, it's not my responsibility to come up with an equitable, workable way to implement it ... particularly not "today". In my part of Tioga County, East/Shell has years worth of already leased contiguous land to work their way through before it becomes an "issue".
There's also the question of landowners who want nothing to do with gas drilling. It's a very small number, but they should have the right to say 'no', no matter how good the terms are. I'm against taking away landowners' rights, especially in favor of O&G company profit.
Or, one could say that forced pooling became an issue here on GMS, today, because I started this discussion to share the information that forced pooling is not a done deal in the Senate.
I kind of thought forced pooling would be too hot for them to handle in this round. They want their severance tax, and don't want a lot of controversy holding it up.
There is also a contact form on his website:
http://www.senatorscarnati.com/connect.htm

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