Posts Tagged ‘forced pooling law’

Forced into drilling

By Elizabeth Skrapits (Staff Writer)
Published: July 11, 2010

DALLAS TWP. – Mary Alice Frederick became nervous in March when she discovered her neighbor, the Irem Temple Country Club and the Masonic Village development, had leased mineral rights to a natural gas company.

“I can’t put a chicken coop in my backyard but people can put heavy industry all around the township. I don’t understand that,” the retired Dallas school teacher said. “It doesn’t make sense. It doesn’t seem fair.”

A proposal on the table that would allow natural gas companies to take gas from beneath people’s properties regardless of whether or not they have leased their mineral rights, Frederick now fears losing the peace and quiet of her beloved neighborhood.

In exchange for a tax on natural gas extraction, gas companies are seeking what they call “fair pooling,” legislation that would require property owners without leases to allow drilling beneath their land in exchange for a share of royalties to be determined. However, the gas companies could not put a drilling rig on unwilling owners’ properties. Landowners call “forced pooling.”

“Gas companies are just bullying their way in and telling the legislators what they want. It should be the reverse,” Lehman Township resident Joseph Rutchauskas said. “It’s a democracy, not a corporate dictatorship.”

Rutchauskas lives near two sites permitted for natural gas wells. In August, Encana Oil & Gas USA Inc. intends to start preparing one in nearby Lake Township for drilling, and has all the requirements for a well in Lehman Township. Encana recently notified Lehman Township supervisors they do not plan to drill the third well in Lehman Township.

“I do not support that one bit because I feel it’s a violation of my rights,” Rutchauskas said about forced pooling. “I don’t think anyone should have the right to tell me they can drill under my land without my consent.”

He said his development, which has 10 properties, is protected by covenants that do not allow drilling of any kind, including beneath the property.

“We would have to change the covenants to allow it, and nobody in the development wants to do that,” Rutchauskas said.

He said the question of whether the covenants would hold up under a forced pooling law would have to be answered legally.

“I would take it to court to whatever level necessary,” Rutchauskas vowed.

Irem Temple Ancient Arabic Order Nobles Of The Mystic Shrine have leased 355.91 acres to Chesapeake Appalachia, LLC. The land completely surrounds Frederick’s half-acre property.

The concept of forced pooling scares Frederick, who was already concerned about the potential to turn her quiet suburban street into an “industrial zone.” She opposes natural gas drilling because of potential harmful effects on the environment. She also doesn’t like the idea that foreign investors from countries such as United Arab Emirates and China have interests in natural gas companies.

“I don’t want to be part of this,” Frederick said. “I do have a conscience.”

Irem Recorder Harry Wood said the organization has not heard anything from Chesapeake about plans for the site.

“I don’t blame them,” he said in response to residents’ concerns about forced pooling.

However, Wood said gas drilling would be done far enough away from homes that they shouldn’t be affected, even in the case of horizontal drilling.

“Everybody has the wrong idea about that. It would never be allowed on any of these properties. If any drilling would be done it would be on the top of the hill, or away from the residences,” he said.

Developing the Irem Golf Course is also not an option, he said.

“I’m not going to take a $7 million golf course and put a drilling rig in the middle of it,” Wood said.

eskrapits@citizensvoice.com, 570-821-2072

View article here.

Copyright:  The Citizens Voice