Forced Pooling - Dead (HB 2688)

The House of Delegates in a rare tie vote rejected so-called forced pooling legislation.

House Bill 2688, also referred to as lease integration, unitization or fair pooling, allows natural gas companies to drill on units where at least 80 percent of surrounding property owners have signed lease agreements. Supporters say the legislation will is needed as natural gas interests in West Virginia continue to expand, but opponents say it infringes on personal property rights. 

Delegate Woody Ireland, R-Ritche, was the lead sponsor of the bill. He said he thought the bill would be close, but the 49-49 tie caught him off guard.

“You’re always surprised by a tie vote,” Ireland said. “I thought it might be 53-47, something like that. It wasn’t, so it is what it is.” 

The roll call shows 21 Republicans and 28 Democrats voting against the legislation. Delegate Pat McGeehan, R-Hancock and leader of the Liberty Caucus, said his group worked to drum up opposition. The caucus opposes legislation that takes away personal freedoms, McGeehan said, no matter which party is behind the bill.

“Forced pooling, we saw as a gross violation of private property rights because it affects the entire state,” he said. “Thousands if not tens of thousands of West Virginia residents would be affected by that and forced to sell their mineral rights or their land rights for artificially low prices. Essentially it’s a form of legal plundering whereby a gas company can come in and take what is an individual’s natural right to property. We wanted to be sure we defeated that because we want to advance the cause of liberty, but sometimes there are harmful, detrimental policies we need to play defense on to protect the people of West Virginia.”

- See more at: http://www.charlestondailymail.com/article/20150315/DM0104/15031942...

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Permalink Reply by Frank Walker on March 15, 2015 at 1:27am

What state!!!!!!!!!!!!

Permalink Reply by Nancy Mosley on March 15, 2015 at 1:37am
West Virginia. Voted down in the House after first passing the House, then Senate, then back to House. I heard there was trouble reconciling amendments, and that the sentiment against it was mainly against taking of private property rights.
Permalink Reply by D L T on March 15, 2015 at 1:48am

Thanks Nancy for keeping everyone informed.  You are a true friend to those who need to know the facts. 

Permalink Reply by Nancy Mosley on March 15, 2015 at 2:16am
You too D L T have shared information. This forum is all about helping each other be informed.
Permalink Reply by Barbara McIntyre Ray on March 15, 2015 at 3:00am

Thanks for the info.  Have un-leased rights in WV and had been in negotiations.  I reside in Texas, so my info is limited to this forum.  Any idea when it will be back on the "table" ??

Permalink Reply by D L T on March 15, 2015 at 7:15am

Barb,  do you belong to one of the mineral rights forums for the county you have interests in?  You will get more local info if you join one of those or just ask Nancy. Lol

The bill will be up again for debate at the beginning of 2016.  The oil companies will probably amp up the Partition suit threats and filings and force you to spend money for attorneys to defend your interests in a hearing.  They will go to any length to obtain those minerals if you are in an area they want to produce.

Another concern is those who are pushing the forced pooling and find out who they are.  The leaders of some of theses mineral rights associations were pushing this bill along with mineral owner legislature members.  I would say they would have benefitted financially or they would not be for it.  Some of them are in the mineral/oil business and are looking out for themselves and those who have already signed leases.  I believe they call it "throwing you under the bus"  Check those people out and remember their names.  They are in this business to make money and some are "flippers" of mineral rights and not just a few acres but many acres.  Some of them own large tracts and are wanting to get everyone signed so the company will drill on them, so more money.  My thoughts are, if a company wants something that belongs to you let them pay you or move on.  We do that everyday when we go to buy something and we pay the advertised price or go home without it. 

I praise the legislature member who stood up for mineral owners property on Saturday.  Wanting mineral owners to comply with oil company wants was wrong and that forcing owners to do so, was not for public use but, company use.

Permalink Reply by Todd on March 15, 2015 at 8:21am

D L T,

You are spot on.             

Forced Pooling - Dead

http://www.charlestondailymail.com/article/20150315/DM0104/15031942...

Thanks in large part to Delegate Pat McGeehan.

Here is his info for those of you who would like to thank him:

Pat McGeehan    (R - Hancock, 01)

CONTACT

pat.mcgeehan@wvhouse.gov Capitol Office: Room 226E, Building 1 State Capitol Complex Charleston, WV 25305 Capitol Phone: (304) 340-3397 Home: 616 Florida Avenue #5 Chester, WV, 26034 Home Phone: (304) 374-7018 Business Phone: (304) 374-7018

The roll call shows 21 Republicans and 28 Democrats voting against the legislation. Delegate Pat McGeehan, R-Hancock and leader of the Liberty Caucus, said his group worked to drum up opposition. The caucus opposes legislation that takes away personal freedoms, McGeehan said, no matter which party is behind the bill.

“Forced pooling, we saw as a gross violation of private property rights because it affects the entire state,” he said. “Thousands if not tens of thousands of West Virginia residents would be affected by that and forced to sell their mineral rights or their land rights for artificially low prices. Essentially it’s a form of legal plundering whereby a gas company can come in and take what is an individual’s natural right to property. We wanted to be sure we defeated that because we want to advance the cause of liberty, but sometimes there are harmful, detrimental policies we need to play defense on to protect the people of West Virginia.” 

Permalink Reply by Barbara McIntyre Ray on March 15, 2015 at 12:12pm

Thank you, D L T and your confirmation of the info, Todd!!  I have interests in Tyler County. And, I see updates through this forum from Tyler Co.    I had been working through an East Texas Oil/Gas attorney with negotiations.  BUT----just a gut feeling---something was not quite right.  So, I have declined all offers and felt I MUST get a WV atty. to help me.  BUT---then---as you say---I may pay fortune for pennies !!.  The first lease offer I received---many years back---I just signed and returned.  Now, I know how "not too smart" that move was.  I am not in this to become "wealthy", but I have children and grandchildren who can benefit from a responsible "deal". I am having trouble sending this??  I hit "enter" ---nothing.  I think last time I added reply to send.  WHAT IS THE SECRET  !!  ha

Permalink Reply by D L T on March 15, 2015 at 12:34pm

Barb

Hit add reply at the bottom of your reply to send.

h********************************/group/tyler-county-wv-oil-gas

This is the link to Tyler Co. mineral site.  Sign up and get in the discussion.  Nancy and I are members of this group. There are a couple attorneys in this area, if you have enough interests, to handle any legal assistance if you need any.  Nancy has a lot of research info and she is very good on this leasing. 

Permalink Reply by Nancy Mosley on March 15, 2015 at 1:17pm

Here is the link to the Tyler group on the gomarcellusshale site GoMarcellusShale Tyler County WV group

There are several groups that discuss these topics.

Might be a good idea to join some surrounding counties. For Tyler, surrounding counties include Ritchie, Doddridge, Wetzel, and Pleasants. Nearby also Harrison and Marion.

Permalink Reply by D L T on March 16, 2015 at 3:05am

This is how the Wv. House voted when the bill was sent back to them 49/49.  Remember those names when election time comes around.

http://www.legis.state.wv.us/legisdocs/2015/RS/votes/house/00619.pdf

Permalink Reply by Barbara McIntyre Ray on March 16, 2015 at 4:57am

D L T  Thank you for the info.  Unfortunately since I reside in Texas I don't think I can vote in WV !!  But, I will be watching the news on these sites and Nancy, I will join some of the surrounding county groups.  Thanks for the advice.  Please post if you learn of anything new.  

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