All Posts by Date

312 posts found, showing 20 per page

In Court: WV-SORO Litigation Update
Blog Julie Archer February 7, 2017
Here is a brief update on some court cases we've been involved in or monitoring that affect West Virginia surface owners. Because one-third of WV-SORO members also own an interest in their underlying minerals, so we are including updates on cases that affect some mineral owners. More
Issues: Coal bed methane, Eminent domain, Leasing, Minerals-Royalties, Partition suits, Pipelines

Zombie Bills? Bad Bills to Aid Drillers Could Be Back in 2017
Blog Julie Archer February 6, 2017
Several bad bills that help oil and gas drillers at the expense of West Virginia landowners could be back during the 2017 legislative session. These include efforts to take away citizens ability to bring nuisance suits, give pipeline companies the right to survey people's land without their permission, and one-sided forced pooling bills (AKA joint development). More
Issues: Eminent domain, Nuisance suits, Pipelines, Pooling

Partition Decision by Circuit Court Judge Favors Mineral Owner
Partition Suit Advice WVSORO January 23, 2017
A new decision in E[Q]T Bluegrass vs. Blaney, Johnson and others has been issued by a Ritchie (and Doddridge and Pleasants) County Circuit Court Judge Sweeney. It favors a mineral owner over a driller. More
Issues: Partition suits, Pooling

Court Approves Drilling Waste Settlement with EPA
Press Release Julie Archer December 29, 2016
The U.S. District Court for the District of Columbia formally approved a consent decree between the U.S. Environmental Protection Agency and a coalition of community and environmental organizations. which requires the agency to review and, if necessary, revise its rules for the disposal and handling of dangerous and harmful oil and gas wastes, such as those that result from drilling and fracking. More
Issues: Drilling waste, EPA, Fracking, Pollution

Eminent Domain Update
Pipeline Advice WVSORO December 16, 2016
In November 2016, The West Virginia Supreme Court has upheld the Monroe County Circuit Court judge saying Mountain Valley transmission pipeline conveying gas only out of State is not for a "public purpose" to West Virginians and so cannot use eminent domain (and cannot force access for surveying) More
Issues: Eminent domain, Pipelines

West Virginia Supreme Court cites WVSORO “amicus brief” regarding ownership of coalbed methane
Blog WVSORO December 16, 2016
The West Virginia Supreme Court ruled in the Moss case in 2003 that leases and deeds that granted or reserved rights to “oil and gas” or “natural gas” did not automatically give or reserve rights to coalbed methane More
Issues: Coal bed methane

WVSORO 2017 Legislative Proposals
Blog WVSORO December 11, 2016
WVSORO will again be pushing for legislation to have the property rights of surface owners recognized, to increase their chances of owning some of the minerals under them, and to deal with orphaned wells and other environmental problems, etc. More
Issues: Fence-line monitoring, Horizontal wells, Land re-union, Legislation, Orphaned wells, Tax sales

The West Virginia Land Reunion Song
Blog WVSORO December 9, 2016
In the early 1980's a surge of conventional well drilling occurred in West Virginia in reaction to first the Arab Oil Embargo and then the Iranian Hostage Crisis. The surge in drilling resulted in gross abuses of surface owners. More
Issues: Land re-union, Legislation, Nuisance suits

Drillers can NOT pool a mineral owner’s lease without authorization!
Leasing / Amendment Advice WVSORO November 8, 2016
UPDATE: WE WERE RIGHT! There is no "implied right to pool" in a lease.
If a driller tries to talk you into a lease amendment (some of our members also owns minerals) by saying this, you really need to educate yourself on this web page. More
Issues: Horizontal wells, Leasing, Pooling

Eleven reasons why a judge was wrong to imply a lease covenant to pool
Leasing / Amendment Advice WVSORO November 8, 2016
Here Are the Eleven Reasons That The Tyler County Circuit Court Judge's Ruling Is Wrong, And Why No Other Circuit Court Judge nor the Supreme Court Should Agree With the Ruling. More
Issues: Horizontal wells, Leasing, Pooling

Enacting local city or county ordinances
Enacting Local City or County Ordinances - Advice WVSORO August 14, 2016
Enactment of city or county ordinances or land use regulations is very tricky legally in order to make them stick. And each situation is different. More
Issues: Land use

Dave McMahon: West Virgina must get it right with gas
Blog, News WVSORO July 8, 2016
I write in response to “Conservation makes for good business,” an op-ed column by a top official of Antero, a natural gas company, published May 28. More
Issues: DEP, Horizontal wells, Marcellus shale, Oil and Gas

What Land/Surface Owners Should Know When a Landman Shows Up And Wants an Easement/Right of Way To Put a Pipeline Across Your Land
Pipeline Advice WVSORO May 31, 2016
By 2013 we found out that Marcellus Shale pipelines are worth way MORE than that. If you are only being offered $1 per inch per foot, you are getting underpaid. More
Issues: Pipelines

They are drilling or going to drill a well on my land. I want to have it re-seeded with vegetation I want, not the fescue etc. that is in the State’s soil erosion and sediment control manual. What can I do?
WV Surface Owners' Guide Update WVSORO April 28, 2016
If you want re-vegetation with seeds other than that at page 32 of the State's Soil Erosion and Sediment Control Field Manual, then work on your driller before,during or after the comment period to use seed mixtures you get from your local soil conservation district More
Issues: Land use, Legislation, Oil and Gas

If you own the coal you might be able to block or at least move a well site
WV Surface Owners' Guide Update WVSORO March 15, 2016
This strategy will probably be used mostly by people who own the surface and the minerals, but whose land is subject to an old (or new) oil and gas lease signed by the current surface owners or their predecessors, and that lease allows the drilling of gas wells on the property. More
Issues: Leasing, Oil and Gas

Anti-Nuisance Suit Bill Dead; Solid Waste Bill Amended
Updates and Alerts WVSORO March 12, 2016
Today is the last day of the 2016 legislative session and it is now safe to say that SB 508, the anti-nuisance suit bill, is officially dead. More
Issues: Drilling waste, Legislation, Nuisance suits

Fate of Anti-Nuisance Suit Bill Uncertain; Drilling Waste Bill Advances
Updates and Alerts WVSORO March 6, 2016
Thanks to everyone who has responded to our calls for action -- your calls and emails to legislators can and do make a difference. As we head into the final week of the legislative session, we're relieved that several bills to benefit the oil and gas industry have died. More
Issues: Drilling waste, Legislation, Nuisance suits

Some Good News
Updates and Alerts WVSORO February 28, 2016
Earlier today, SB 596, the pipeline survey access (or "right to trespass") bill was soundly defeated on the Senate floor, with only 11 Senators voting in favor and 23 opposed. More
Issues: Legislation, Nuisance suits, Pollution

Legislature Adds Insult to Injury with Bills to Aid Drillers
Updates and Alerts WVSORO February 21, 2016
It was bad enough that the Legislature and Governor Tomblin included few protections for surface owners in the Horizontal Well Act when the state finally updated antiquated drilling laws in 2011. Instead, the Legislature included an arbitrary setback of 625 feet from the center of the pad in the Act. More
Issues: Legislation, Nuisance suits, Pooling

SB 508 Eliminates Laws That Ensure You Can Feel Safe and Enjoy Your Home
Updates and Alerts WVSORO February 15, 2016
Last week we told you about SB 508, a bill that would take away citizens' ability to bring "nuisance" suits against against oil and gas drillers or others who engage in activities that harm their property values or interfere with the enjoyment and use of their property. More
Issues: Legislation, Nuisance suits, Oil and Gas