Posts by WVSORO
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Memo on Legislative Intent to Require Surface Owner Consent
Document WVSORO May 10, 2018
Memo showing that Legislature intended to require surface owner consent if the 2018 co-tenancy statute is used to drill into/develop not only the mineral tract directly under the surface tract, but to drill longer horizontal well bores into/to develop any other neighboring mineral tract. More
Issues: Horizontal wells, Land use, Legislation
Document WVSORO May 10, 2018
Memo showing that Legislature intended to require surface owner consent if the 2018 co-tenancy statute is used to drill into/develop not only the mineral tract directly under the surface tract, but to drill longer horizontal well bores into/to develop any other neighboring mineral tract. More
Issues: Horizontal wells, Land use, Legislation
2018 Co-tenancy Statute Showing Changes from Current Law
Document WVSORO May 9, 2018
The "enrolled" version of HB 4268 is the final version of the bill with the text that will be placed in code books but it does not show the changes to the law made by the 2018 co-tenancy statute. This version underscores new code language, strikes through deleted language, and includes a table of contents. More
Issues: Horizontal wells, Legislation, Orphaned wells, Pooling
Document WVSORO May 9, 2018
The "enrolled" version of HB 4268 is the final version of the bill with the text that will be placed in code books but it does not show the changes to the law made by the 2018 co-tenancy statute. This version underscores new code language, strikes through deleted language, and includes a table of contents. More
Issues: Horizontal wells, Legislation, Orphaned wells, Pooling
WV SORO Presentation to the Oil & Gas Conservation Commission on Co-Tenancy Rule-making
Blog WVSORO May 9, 2018
The Oil and Gas Conservation Commission asked stakeholders to make presentations on what emergency or legislative rule-making was needed related to the 2018 co-tenancy bill passed by the WV Legislature. WV SORO made a presentation not only on what emergency and legislative rule-making was required to carry out the surface owner and small mineral interest owner protections in the bill, but emphasizing that the Commission had broader duties and powers to “carry out, administer, and enforce . . . and make . . . investigation” regarding the new statute. More
Issues: Horizontal wells, Pooling
Blog WVSORO May 9, 2018
The Oil and Gas Conservation Commission asked stakeholders to make presentations on what emergency or legislative rule-making was needed related to the 2018 co-tenancy bill passed by the WV Legislature. WV SORO made a presentation not only on what emergency and legislative rule-making was required to carry out the surface owner and small mineral interest owner protections in the bill, but emphasizing that the Commission had broader duties and powers to “carry out, administer, and enforce . . . and make . . . investigation” regarding the new statute. More
Issues: Horizontal wells, Pooling
Press Release: Advice for mineral owners about selling their rights
Document WVSORO April 5, 2018
WV-SORO advice to mineral owners approached about selling their rights Mineral owners should retain their rights, rather than letting others reap profits More
Document WVSORO April 5, 2018
WV-SORO advice to mineral owners approached about selling their rights Mineral owners should retain their rights, rather than letting others reap profits More
Advice for mineral owners approached about selling their rights
Press Release WVSORO April 5, 2018
Mineral owners contact us on a regular basis with questions because they have been approached by a company or individual that is offering to buy their mineral rights. Often the first question someone asks us is, ‘How much should I sell for?’ We think that is the wrong first question. The first question you should ask is, ‘Should I sell at all?’ And the answer is almost always, ‘No!’ Although there are some exceptions/situations where you may want to sell, generally it is a bad idea. It's better to retain your rights, than let others reap the long-term profits. More
Issues: Leasing, Minerals-Royalties
Press Release WVSORO April 5, 2018
Mineral owners contact us on a regular basis with questions because they have been approached by a company or individual that is offering to buy their mineral rights. Often the first question someone asks us is, ‘How much should I sell for?’ We think that is the wrong first question. The first question you should ask is, ‘Should I sell at all?’ And the answer is almost always, ‘No!’ Although there are some exceptions/situations where you may want to sell, generally it is a bad idea. It's better to retain your rights, than let others reap the long-term profits. More
Issues: Leasing, Minerals-Royalties
Send Us Your Questions on Co-Tenancy; Community Organizing Summit
Updates and Alerts WVSORO March 26, 2018
Now that the legislative session is over, we are starting to put together more information to help surface and mineral owners understand the new co-tenancy law, which goes into effect June 3, and you can help us by sending us your questions. We will use your responses to help us develop answers to a list of Frequently Asked Questions (FAQ) about co-tenancy. Once the FAQ is ready we'll make it available on our website. In the meantime, our co-founder and attorney, Dave McMahon will lead a session on Co-Tenancy, Forced Pooling, Right To Trespass, and Protecting Your Land on Saturday, April 7 at the Community Organizing Summit at Jackson's Mill. The summit runs April 6-8 and is open to members of grassroots groups and individuals, especially those who want to develop skills and tools to protect their communities from oil and gas extraction and related infrastructure development. More details here. More
Issues: Fracking, Horizontal wells, Marcellus shale, Minerals-Royalties, Pipelines, Pollution, Pooling
Updates and Alerts WVSORO March 26, 2018
Now that the legislative session is over, we are starting to put together more information to help surface and mineral owners understand the new co-tenancy law, which goes into effect June 3, and you can help us by sending us your questions. We will use your responses to help us develop answers to a list of Frequently Asked Questions (FAQ) about co-tenancy. Once the FAQ is ready we'll make it available on our website. In the meantime, our co-founder and attorney, Dave McMahon will lead a session on Co-Tenancy, Forced Pooling, Right To Trespass, and Protecting Your Land on Saturday, April 7 at the Community Organizing Summit at Jackson's Mill. The summit runs April 6-8 and is open to members of grassroots groups and individuals, especially those who want to develop skills and tools to protect their communities from oil and gas extraction and related infrastructure development. More details here. More
Issues: Fracking, Horizontal wells, Marcellus shale, Minerals-Royalties, Pipelines, Pollution, Pooling
“Co-Tenancy” Advances to the Senate Floor Unchanged
Updates and Alerts WVSORO March 1, 2018
Since we wrote to you last week, the “co-tenancy” bill (HB 4268), has passed two committees unchanged and is now on the Senate floor. In other news, the Senate unanimously passed SB 360, which would change the way royalties are calculated for flat-rate leases. Unfortunately, most of the bills that were a priority for WV-SORO this legislative session are dead because they were not taken up by their assigned committees and sent to the floor in time to meet yesterday’s deadline (often referred to as Crossover Day) for bills to be out of the house of origin. More
Issues: Eminent domain, Fence-line monitoring, Horizontal wells, Land re-union, Minerals-Royalties, Noise, Pooling
Updates and Alerts WVSORO March 1, 2018
Since we wrote to you last week, the “co-tenancy” bill (HB 4268), has passed two committees unchanged and is now on the Senate floor. In other news, the Senate unanimously passed SB 360, which would change the way royalties are calculated for flat-rate leases. Unfortunately, most of the bills that were a priority for WV-SORO this legislative session are dead because they were not taken up by their assigned committees and sent to the floor in time to meet yesterday’s deadline (often referred to as Crossover Day) for bills to be out of the house of origin. More
Issues: Eminent domain, Fence-line monitoring, Horizontal wells, Land re-union, Minerals-Royalties, Noise, Pooling
“Co-Tenancy” Bill Passes House of Delegates
Updates and Alerts WVSORO February 19, 2018
On Thursday, the House of Delegates passes a the “co-tenancy” bill (HB 4268), with 60 votes for, and 40 votes against. As the bill came to the floor from the House Judiciary Committee it contained important protections for surface owners, requiring their consent for any surface disturbance whenever the co-tenancy law is used to develop the mineral tract beneath a surface owners’ land or into any neighboring mineral tract, regardless of whether the surface owner owns an interest in the mineral tract being developed. This is significant. The bill also contained protections for the non-consenting, and missing and unknown mineral owners that were not included in the introduced bill. On the floor, two other amendments were adopted that provide additional protections for these mineral owners. HB 4268 is now in the Senate where it has been assigned to the Energy, Industry, and Mining Committee, and the Judiciary Committee. More
Issues: Eminent domain, Fracking, Horizontal wells, Land re-union, Orphaned wells, Pipelines, Pollution, Pooling, Reclamation fund
Updates and Alerts WVSORO February 19, 2018
On Thursday, the House of Delegates passes a the “co-tenancy” bill (HB 4268), with 60 votes for, and 40 votes against. As the bill came to the floor from the House Judiciary Committee it contained important protections for surface owners, requiring their consent for any surface disturbance whenever the co-tenancy law is used to develop the mineral tract beneath a surface owners’ land or into any neighboring mineral tract, regardless of whether the surface owner owns an interest in the mineral tract being developed. This is significant. The bill also contained protections for the non-consenting, and missing and unknown mineral owners that were not included in the introduced bill. On the floor, two other amendments were adopted that provide additional protections for these mineral owners. HB 4268 is now in the Senate where it has been assigned to the Energy, Industry, and Mining Committee, and the Judiciary Committee. More
Issues: Eminent domain, Fracking, Horizontal wells, Land re-union, Orphaned wells, Pipelines, Pollution, Pooling, Reclamation fund
Improved “Co-Tenancy” Bill Clears House Judiciary Committee
Updates and Alerts WVSORO February 10, 2018
After yesterday's public hearing on the "co-tenancy" bill (HB 4268), the House Judiciary Committee took up and passed an improved version of the bill that, most importantly, addresses the problems we raised regarding surface use and the need to require surface owner's consent. If version of HB 4268 that came out of the House Judiciary Committee passes, if the driller uses the statute to get the right to drill into the mineral tract beneath a surface owners' land or into any neighboring mineral tract, the driller will have to get the agreement of the surface owner to locate the well pad on their surface. Requiring the surface owners consent is very important, and a significant improvement that makes it worth supporting the bill. Why? Read more here. More
Issues: Horizontal wells, Land re-union, Leasing, Minerals-Royalties, Orphaned wells, Pooling
Updates and Alerts WVSORO February 10, 2018
After yesterday's public hearing on the "co-tenancy" bill (HB 4268), the House Judiciary Committee took up and passed an improved version of the bill that, most importantly, addresses the problems we raised regarding surface use and the need to require surface owner's consent. If version of HB 4268 that came out of the House Judiciary Committee passes, if the driller uses the statute to get the right to drill into the mineral tract beneath a surface owners' land or into any neighboring mineral tract, the driller will have to get the agreement of the surface owner to locate the well pad on their surface. Requiring the surface owners consent is very important, and a significant improvement that makes it worth supporting the bill. Why? Read more here. More
Issues: Horizontal wells, Land re-union, Leasing, Minerals-Royalties, Orphaned wells, Pooling
Public Hearing on “Co-Tenancy” Friday, Feb. 9 at 8:30AM
Updates and Alerts WVSORO February 6, 2018
The House Judiciary Committee will hold a public hearing on the "co-tenancy" bill (HB 4268) Friday, February 9 at 8:30AM in the House Chamber. Read this post for more details and talking points about the bill. More
Issues: Horizontal wells, Minerals-Royalties, Pooling
Updates and Alerts WVSORO February 6, 2018
The House Judiciary Committee will hold a public hearing on the "co-tenancy" bill (HB 4268) Friday, February 9 at 8:30AM in the House Chamber. Read this post for more details and talking points about the bill. More
Issues: Horizontal wells, Minerals-Royalties, Pooling
“Co-Tenancy” Bill Advances Without Changes, Public Hearing Possible Wednesday
Updates and Alerts WVSORO February 4, 2018
Last week the House Energy Committee passed the "co-tenancy" bill (HB 4268) without any changes. HB 4268 is problematic in a number of ways which we've outlined in detail here, and we remain opposed to the bill unless these issues are addressed. The bill is now before the House Judiciary Committee. A public hearing has been requested and will possibly be held this Wednesday, February 7 although there has been no official announcement yet. In the meantime, please contact House Judiciary Committee members and voice your concerns about HB 4268. More
Issues: Eminent domain, Fence-line monitoring, Pipelines, Pollution, Pooling
Updates and Alerts WVSORO February 4, 2018
Last week the House Energy Committee passed the "co-tenancy" bill (HB 4268) without any changes. HB 4268 is problematic in a number of ways which we've outlined in detail here, and we remain opposed to the bill unless these issues are addressed. The bill is now before the House Judiciary Committee. A public hearing has been requested and will possibly be held this Wednesday, February 7 although there has been no official announcement yet. In the meantime, please contact House Judiciary Committee members and voice your concerns about HB 4268. More
Issues: Eminent domain, Fence-line monitoring, Pipelines, Pollution, Pooling
“Co-Tenancy” Bill Being Considered by House Energy Committee
Updates and Alerts WVSORO January 27, 2018
A "co-tenancy" bill (HB 4268) is now being considered by the House Energy Committee. HB 4268 is problematic in a number of ways which we've outlined here. Please contact members of the House Energy Committee and voice your concerns about HB 4268. Urge them to prioritize other legislation before them that will help those most affect by drilling and natural gas infrastructure. More
Issues: Eminent domain, Fence-line monitoring, Horizontal wells, Pipelines, Pooling
Updates and Alerts WVSORO January 27, 2018
A "co-tenancy" bill (HB 4268) is now being considered by the House Energy Committee. HB 4268 is problematic in a number of ways which we've outlined here. Please contact members of the House Energy Committee and voice your concerns about HB 4268. Urge them to prioritize other legislation before them that will help those most affect by drilling and natural gas infrastructure. More
Issues: Eminent domain, Fence-line monitoring, Horizontal wells, Pipelines, Pooling
Surface Owners’ News – Winter 2017
Document WVSORO February 10, 2017
As we have in years past, our WV Surface Owners’ Rights Organization (WV SORO) will again be pushing for legislation to have the property rights of surface owners recognized and respected, to increase their chances of owning some of the minerals under them, and to deal with orphaned wells and other environmental problems. More
Issues: Abandoned wells, Drilling waste, Land re-union, Legislation, Nuisance suits, Pollution
Document WVSORO February 10, 2017
As we have in years past, our WV Surface Owners’ Rights Organization (WV SORO) will again be pushing for legislation to have the property rights of surface owners recognized and respected, to increase their chances of owning some of the minerals under them, and to deal with orphaned wells and other environmental problems. More
Issues: Abandoned wells, Drilling waste, Land re-union, Legislation, Nuisance suits, Pollution
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
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
Decision in E[Q]T Bluegrass vs. Blaney, Johnson and others
Document WVSORO January 23, 2017
Issues: Partition suits, Pooling
Document WVSORO January 23, 2017
Issues: Partition suits, Pooling
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
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
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
Poulos15-0907Concurring Opinion by Justice Ketchum
Document WVSORO December 16, 2016
Justice Ketchum filed a “Concurring Opinion” but said he would prefer to overrule Moss to make title opinions more certain. More
Issues: Coal bed methane
Document WVSORO December 16, 2016
Justice Ketchum filed a “Concurring Opinion” but said he would prefer to overrule Moss to make title opinions more certain. More
Issues: Coal bed methane
Poulos 15-0907 Court Opinion
Document 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 automatically not give or reserve rights to coalbed methane“ More
Issues: Coal bed methane
Document 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 automatically not 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
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