Yes, Mark, I will call you. And, Janice, thanx for your comments. There probably ARE statutory restrictions re: entering upon a cemetery for this purpose, and the caskets are only buried 6 feet deep. But, that's the key word,..."probably". Shale drilling is a relatively new thing. Death care industry consultants have advised me that there is no case law, or specific statutes that deal with this in Pennsylvania., and that I should get this protection in writing as part of any agreement I sign.  So, why take a chance? I am not a life-long cemetery owner, but rather an aquirer of the place through a recent foreclosure. We are lenders. When we made the loan in 2006. Marcellus Shale drilling was barely news. The problem with Coexprise is that, although they have a "proposed" addendum" dealing with non-encroachment that they would attempt to get energy companies to sign, there is no guarantee they would sign it. If I give Coexprise,...or anyone else, exclusive negotiating rights on my behalf, they may enter an agreement that, for the greater good of the group,...but not us, does not address this. Cemetery owner participants are surely in the minority of the group members. So, although encroachment may be unlikely, the fact is that if it may not be unlawful per se, I may have a legal battle to thwart it, which entails attorneys, fees, time, etc. So, best to try to get the restriction laid out in writing from the start. Coexprise's response was "We can't guarantee anything." For me, that just won't cut it!

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Comment by Brad Emmer on October 10, 2011 at 7:42pm
Thanx for update. The fact is that drilling a mile under the graves will not affect the "use of the land", to use your words. And, we were granted the mineral rights unrestricted, anyhow. But, thanks for your comments.

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