This article originally provided by The Register-Herald

January 17, 2009

Landowners want more rights when it comes to gas drilling

By Mannix Porterfield
Register-Herald Reporter

CHARLESTON — A retiree came home one day in Upshur County, astonished to find a drilling crew in position on his land to pull gas to the surface and take it to market.

A new house had been erected on his property and the drillers were at work a mere 800 feet away.

“He was very upset because he invested a lot of money on his property and built a nice house,” says Julie Archer, an organizer for the year-old West Virginia Surface Owners’ Rights Organization.

“Now his property is really devalued. He felt like he didn’t get any respect from the gas company. They were very arrogant. Their attitude was that he should have known they were coming.”

In this man’s case, he had no warning, since the required 15-day notification never arrived in his mail, Archer said.

“And people were on his land constantly,” Archer said. “He never got the official notice that he was required to get under the law. He was very frustrated. He felt like he was having to go out of his way to explain who he was on his own property. There are cases where people don’t get that 15-day notice.”

Similar stories abounded last week when Judiciary Subcommittee A heard from citizens interested in a proposed expansion of homeowner rights in dealing with outsiders who own the mineral rights on their property.

When lawmakers return in February for the final interims before the 2009 session opens, Archer hopes the subcommittee will come to terms on a bill.

One portion would require a face-to-face meeting between the driller and landowner before the permit application is filed. That could pave the way for a use and compensation pact, the group feels.

Another provision seeks the use of mediation before any drilling disturbs the land if no agreement is reached in the first meeting. Existing law allows for arbitration only after the land is invaded, is ineffective and seldom is used anyway, the group says.

“What the bill tries to do is encourage the driller to sit down with the landowner and for them to come to an agreement,” Archer said.

“If that doesn’t happen, it doesn’t keep the driller from getting the permit. They just have to post an additional bond.”

Last year’s effort to produce legislation failed. Since then, Archer says, the group has expanded to a membership of 600 households and more landowners have stepped forth with stories of abuse similar to the man in Upshur County.

“People don’t like it they don’t get any notice,” she said.

“And in a lot of cases, the companies don’t take time to come and meet with them and sit down and talk with them about their plans. What it really comes down to is, people want to be treated fairly. And they want the opportunity to have a little more input. They want some common courtesy. Nobody out there is trying to stop the drilling. People just feel like there’s kind of a lack of respect for them as property owners.

“When it comes down to dealing with the gas companies, they just kind of come on and act like they own the place. Everybody acknowledges they have the right to come on and develop their gas. But they could be a little more courteous to the landowners and involve them more in the process.”

— E-mail: mannix@register-herald.com