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If I Don’t Sign a Lease (Or Sign a Pooling Amendment to an Existing Lease) Can They Drill Next to Me and Take My Gas Without Paying Me for It?
Leasing / Amendment Advice WVSORO October 31, 2014
This issue is most likely to come up when a company's landman approaches you as a mineral tract owner to either sign a lease that includes a pooling clause, or to sign an amendment to an old existing lease that would allow for pooling. More
Issues: LeasingMinerals-RoyaltiesPooling
Have you been turned down for “free gas” because you did not have the mineral owner’s agreement?
Free Gas Advice WVSORO October 29, 2014
Some surface owners believe that just because you have a gas well on your property you have a right to free gas. That is not true. More
Issues: Leasing
About the industry/Governor’s”Natural Gas Horizontal Well Control Act” affecting most Marcellus Shale drilling
WV Surface Owners' Guide Update WVSORO October 27, 2014
Read this first. The "Natural Gas Horizontal Well Control Act" (HB 401) passed in a special session of the Legislature on December 14, 2011, just 3 days after its introduction. It was totally the Governor's bill, with little reference to our proposed Surface Owners' Bill of Rights or to the bill proposed by the Department of Environmental Protection (DEP) under the Manchin administration. More
Issues: Horizontal wellsMarcellus shale
Eminent Domain: Can a Gas Company Put a Pipeline Across My Land If I Do Not Agree?
Pipeline Advice WVSORO October 19, 2014
Eminent Domain update: West Virginia Supreme Court upholds Monroe County Judge saying Mountain Valley transmission pipeline is not for "public purpose" to West Virginians and so cannot use eminent domain (and cannot force access for surveying). (Nov, 2016) More
Issues: Eminent domainPipelines
Problems with fumes or noise from idling trucks.
Noise Advice WVSORO October 11, 2014
Some surface owners have complained about the diesel exhaust fumes and noise caused by heavy trucks waiting in line at well sites and staging areas for frac jobs etc. More
Issues: NoisePollution
Who Regulates Which Pipelines About What? (8/27/2014)
Pipeline Advice WVSORO August 27, 2014
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Issues: Pipelines
Getting the Waters Tested — PowerPoint Presentation on Base Line Water Testing
Resource GalleryWater Advice WVSORO October 1, 2013
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Issues: LeasingOil and GasWater
Water Testing Before Drilling Starts: Why and How
Water Advice WVSORO October 1, 2013
It is becoming more and more evident that testing of a well or spring water source, especially a household/drinking water source, is an absolute necessity before a natural gas well is drilled in one’s area. More
Issues: Oil and GasPollutionWater
If the driller’s proposed well pad is in a FEMA 100-year “flood hazard” zone, you may be able to block it or make them move it
Floodplains AdviceWV Surface Owners' Guide Update WVSORO June 3, 2013
In order for people in your county to be able to get flood insurance, or receive benefits from FEMA in the event of a flood (or maybe other) disaster, the county (or municipality if you happen to be in a town or city) has to have a “floodplain ordinance”. More
Issues: FloodplainsOil and Gas
Legal opinion on the right of interested citizens to go on to the surface of land they do not own that is being used for oil or gas well drilling and related activities
Going on Land Where There is Drilling Activity - Advice don_alejandro May 8, 2013
A member of the Sierra Club asked me for a legal opinion on the right of interested citizens to go on to the surface of land they do not own that is being used for oil or gas well drilling and related activities. More
Issues: Oil and Gas
Is there an exhausted, unplugged well on your surface or holding the lease on your mineral tract? What can you do about it?
Abandoned Well Advice WVSORO May 8, 2013
Are you a mineral owner with a gas well on your mineral tract or a surface-only owner with a non-producing well on your land? More
Issues: Abandoned wellsLeasing
The Pipeline & Hazardous Materials Safety Administration
Pipeline Advice WVSORO June 24, 2012
The Pipeline & Hazardous Materials Safety Administration of the U.S. Department of Transportation regulates safety for all pipelines but gathering lines (but delegates some of its duties to state agencies). For information on PHMSA’s activities click on their “states” page and go to “West Virginia”. Be aware that incidents are reported only if the pipeline operator considers them reportable. More
The experience of one landowner in Upshur County who signed a permit
Seismic and Geophysical Advice WVSORO October 20, 2011
Dawson did put the GPS for my animals in the helicopter navigation computers. However, at least twice they were headed my way, spotted me out doors, then changed course. They still come within a 100 feet horizontally of the animals but they will not fly directly over, unless no one is looking. More
Issues: NoiseSeismic testing
ION or some other company wants to do seismic testing on my land.  What should I do?
Seismic and Geophysical Advice WVSORO October 19, 2011
WVSORO first was asked about 3D seismic surveys in early 2010 when Chesapeake Energy hired Dawson Geophysical to do seismic testing there. It was a learning process for us. More
Issues: Seismic testing
How Can I Get Ownership, Or a Chance at Ownership, Of the Minerals Under My Land?
Aquiring Mineral Rights Under Your LandBuying Land AdviceWV Surface Owners' Guide Update WVSORO September 20, 2011
If you own the surface but not the minerals it is a very, very good idea to try to get ownership of the minerals. Even if the ownership of the minerals is divided up (often times in what people call “heirship”) and you can only get ownership of a fraction of the minerals, it is a very good idea to do that. More
Issues: LeasingOil and Gas
Breathing air near compressors, wells etc.
Gas Leaks Advice WVSORO September 10, 2011
Have you been smelling odors from, or just been living near, production facilities such as gas wells and compressors? Have you been having medical problems, like bloody noses, headaches or trouble breathing? More
Issues: Oil and GasPollution
A gas company wants me to sign an amendment to an old lease! I own the surface and the minerals. Should I sign it?
Leasing / Amendment Advice WVSORO September 1, 2011
This article is only for people who own both the surface and all or part of the minerals of a tract of property. More
Issues: LeasingOil and Gas
Top 10 Tips for Surface Owners Before/When the Oil and Gas Driller Shows Up
WV Surface Owners' Guide Update WVSORO August 15, 2011
1. Get ready now! The driller will send you a copy of his drilling permit application with the well site and access roads already selected and surveyed less than 15 days before the permit can issue. More
Issues: LeasingOil and Gas
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