Forced Pooling in West Virginia will again rear it's ugly head in January. I would like every person to read below what I sent to my Delegate and to please consider sending the same thing to your Delegate.
H. B. 2688
Providing for the unitization of interests in drilling units in connection with all horizontal oil or gas well.
Providing for the unitization of interests in drilling units in connection with all horizontal oil or gas well.
I would NOT like to see this passed, however I am a realist and know it may pass. Considering that it may pass. I would like to see a clause added that stated ...
"Any persons who's mineral rights or surface rights that are obtained by 'Forced Pooling or any other Judicial Means' or 'any land owners that are adjacent to any land that was drilled upon within a 50 miles circle' will NOT loose any of their Constitutional Rights as defined in Amendment VII to the Bill of Rights and therefor will NOT be subject to ANY Arbitration Clauses or Rules", further all claims will be heard in the West Virginia State Courts in the County in which they were filed and the damages occurred, and no case will be moved to "Any Federal Court". Further any persons who's mineral rights or surface rights that are obtained by 'Forced Pooling or any other Judicial Means' will not be subject or liable for any costs associated with the drilling, transporting, storage, capping or any other deductions or fees associated with the installation or maintenance or closing of the well(s) also known as 'Post Production Expenses'.
This clause would allow all property and or mineral rights owners like me to sue any of the oil and gas companies if they chop down or damage trees that provide food such as my Black Walnut or Peach Trees or damage my land or infrastructure such as damage to my septic system or my septic drain field or damage to my home with drilling induced earthquakes or contaminate my drinking water well or kill or drive off the wildlife that provides food to my family or install a well that contaminates my land in any way or abandon the drilling well without proper capping in small claims court or in civil court depending on the amount of damage. If will further allow all of the property and or mineral rights owners like me to sue any of the oil and gas companies if they try and cheat the property and or mineral rights owners.
Further with this in mind I would like you to introduce a bill to increase the "Small Claims Court" maximum allowable to sue to $25,000.00 per case filed with no limit on the number of cases that may be filed in a year.