The Register-Herald, Beckley, West Virginia

Local News

April 8, 2009

Senator wants to pursue landowners’ rights in oil, gas drillings

Mannix Porterfield

CHARLESTON — Time simply ran out this year, but Senate Energy, Industry and Mining Chairman Mike Green says he wants to pursue expanded rights of surface owners in oil and gas drillings.

“That will be a priority of mine personally next year,” Green, D-Raleigh, said.

“I very strongly believe that we will have legislation out next year that deals with extending the notification.”

Charleston attorney David McMahon pushed the idea of giving landowners more than the existing 15-day notification when mineral owners come onto their properties to install wells.

Green says he “very much” endorses the idea by the West Virginia Surface Owners Rights Organization provided the mineral rights owners’ aren’t left out of the process.

“We need to do something to where we can get in there and protect those landowners rights while at the same time assuring these gas operators and drillers have access to these reserves,” the Beckley resident said.

Green said his committee conducted extensive meetings and brought all of the stakeholders in to consider legislation backed by SORO.

“But we did not have the support to take it up,” he said.

“There was almost no support within the committee to run that piece of legislation. That’s what initiated the conversation with stakeholders to get some resolution. At the end of the day, we were close but just ran out of time.”

McMahon said SORO viewed this year as the time to get added protection built into state law, given the outpouring of support from across West Virginia, including some widespread complaints by landowners on abuse by drillers.

Given the economic downturn, including the recent pullout by Chesapeake Energy, McMahon reasoned that some lawmakers might have been reluctant to do anything that might impede the industry.

SORO wanted to expand the notification period up to 60 days and a mandatory, written agreement. If the latter weren’t done, the group proposed a small bond to guarantee that land owners are compensated.

Another point the group made was that landowners should be compensated for damages at the market value, rather than current use value.

McMahon doesn’t want to see another year-long interims study — the usual approach when legislation fails in a regular session.

All the stakeholders brought in were “eager” to see a bill sent out, Green said.

“Unfortunately, due to time constraints, it didn’t make it this year,” the senator added.

— E-mail: mannix

@register-herald.com

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