Our land is being drilled under!

We just found out our land is being drilled under in Clinton District, Mon county, WV.

Chesapeake has drilled 3 wells on the same property and the first one has passed right under our land not far from the wellhead.

We found out by contacting the DEP rep who sent us the plats. 

All along we have wondered about this because the land is not quite a mile from us. 

We matched it all up and they are indeed below us.

So, now what do we do?

Thanks!

 

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Permalink Reply by Aaron Brown on November 9, 2011 at 11:04am

JK, I am curious - earlier on this thread when a poster asked if you are sure you own the mineral rights, you said, "yes , we have been paying taxes on them all these years" (or something very close to that).  In WV, do you have to pay taxes on mineral rights?  How is that done?  I have not heard of that being the case in Pa and OH?

Permalink Reply by Nancy Mosley on November 9, 2011 at 3:03pm

I believe the law must be different in Pa and Ohio.

In West Virginia, the county collects property taxes on oil, gas, mineral rights as well as surface and fee (surface and all the other rights). There can be multiple owners of surface and oil, gas and/or minerals, especially if there has been inherited land. There are formulas the county applies (dictated by the state) depending on if the property is producing (as reported by the well operators or lessees) or if non-producing (whether leased or unleased). It can be a very small tax for a small non producing parcel, or a large amount if the revenue from the well(s) on the property produce a lot. If the taxes are not paid in a certain amount of time, the land can be sold at a tax sale by the county sheriff.

 

Permalink Reply by Dee on November 17, 2011 at 1:27pm

In Ohio you can own the mineral rights alone. The county collects taxes each year on the mineral rights we own. Many of the county tax records are online and you can search for the mineral rights that are listed in the tax base. We have owned our since the mid 80s and have been taxed each year.

Permalink Reply by Billy Park Whyde on December 15, 2011 at 11:41am

I own 70 acres in  Ohio and have never paid taxes for mineral rights before or after they drilled A few Clinton wells upon my property. I have paid income taxes upon the royality, THE DANG WINDFALL PROFIT TAX on production of my percentage but not a mineral rights tax. SHHHH they might find out how to drill the shaft deeper into our pockets!

Permalink Reply by craig on November 9, 2011 at 7:49am

JK, The only thing that I can think of that could be happening and be legal....You have the original plats, however in Pa i've seen original plats that don't match up with the length of the finished lateral. One local well plat showed they intended to drill a 6800 ft lateral. But when they actually drilled it, the completion report said it was only drilled 4200 ft or so.  It is really hard to believe that CHK missed something, they are really sticklers for each dotted i and crossed t. Get an attorney that knows the business as others have said.

Good Luck!

 

 

Permalink Reply by JK on November 9, 2011 at 8:11am

Criag,

This is a horizontal Marcellus Shale well and is drilled 7500' down.

This is going to get very interesting shortly.

0jw0dsu4txfuvPermalink Reply by 0jw0dsu4txfuv on November 9, 2011 at 10:13am

You need an attorney right now if you are the legal mineral right owner. You need to file an injunction against CHK. now. It may be an honest mistake. They do happen.

Permalink Reply by Todd Charles on November 9, 2011 at 11:15am

Homer is right.  You really need to move on this NOW. I don't know of any good O&G attorney's in Mon County - but Scot Thorpe, in Fairmont, WV has experience with our production unit.  He was not my attorney, but he is the legal representative for another mineral rights owner in my unit.

Permalink Reply by JK on November 9, 2011 at 12:29pm

Homer,

My call was returned by Chesapeake and they are contacting the OKL guy and emailing him and ccing me. This is starting the process at least.  They are very friendly for now.

As we all know we are a long way from resolution of this matter.

I understand our ability to put an injunction in place. 

We have an O&G attorney ready to act on our behalf.   

0l1a6laz7smpfPermalink Reply by 0l1a6laz7smpf on November 9, 2011 at 1:01pm

that's good...i am glad we have so many that care to help one another here at gomarcellusshale.

Permalink Reply by JK on November 9, 2011 at 1:09pm

I am really grateful for all the replies.

It has truely helped us.

Thank you all.

 

Permalink Reply by craig on November 9, 2011 at 5:59pm

Yes i understand the depth being 7500', but that isn't what might affect you. The lateral, or horizontal, is what is headed your way. My comment meant that maybe after they turned the bit horizontal they didn't drill the full length they thought they would. Thus, maybe the horizontal leg in fact stopped short of your property. Of course maybe not too!

Does the plat show you who is in the unit. The plats do change up here in PA, including the unit make up.

Have you checked the courthouse to see if they have filed a declared unit? See if you are in it? In PA they have to file/declare the actual unit at some time close to or after drilling at the county courthouse.

Good Luck and keep us posted.

 

 

 

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