Monday, March 31, 2014

Fracked NC Landowners LIABILITY for Frackers

I have been trying to stress the importance of the Banning of Compulsory / Forced Pooling in NC. I asked Ed Harris of the facebook page  Stand-your-ground-nc-wed-harris-against-fracking to tell us in his words how Fracking and Compulsory Pooling would affect NC landowners ? This was his reply .

-When a landowner signs a lease with a landman or Drilling company the landowner not only shares in the profits for Gas taken from the property, he also shares in the LIABILITY if there is a catastrophic event like a blow out, pollution of air , soil , water death and/or destruction on another property and the Drilling company is sued by a third party.

 If the Driller is renting office space, office equipment , trucks and all related  drilling equipment and is removing all monies from the company bank account on a regular basis after monthly bills are paid ( this is legal )and the company is a Limited Liability Company, LLC.
The only assets that the company has is it's " Bond ". If the BOND is not enough to pay damages awarded by a court then the landowners who signed a lease will be held responsible to  pay damages.  The personal assets of the owner of the LLC , are exempt from the lawsuit AND all the money that was taken from the company account belongs to the Driller and cannot be included in the lawsuit .

 NOW Compulsory/Forced pooling( Eminent domain )  is the process of the Government allowing the Oil & Gas company to ,BY FORCE OF LAW, take the property rights of landowners that do not want to lease their land to a Drilling operator.
N.C SB820 part 5, Section 4a, paragraph b & b1 states that a driller that does not have surface rights to a property can send the owner a 30 day notice by certified mail, return receipt requested after which time he can send in crews to survey, cut timber, put in roads, pipelines, storage tanks or locate/drill a well on your property against your will .
To add insult to injury  paragraph b1 makes you responsible for the workers safety while they are on your land against your will.  BE SAFE!! Ed Harris

I went to Rafi-USA to find more to share . from their page .

Because of the current compulsory pooling law, RAFI and other advocates are concerned about the potential threats to landowner rights. The “Hydraulic Fracturing: Where Are We Now?,” presentation here provides a brief overview of hydraulic fracturing, or “fracking”, as well as in-depth analysis of compulsory pooling.

In a radio story , Carolina Connection interviews RAFI’s Landowner Rights & Fracking Project Director James Robinson. The story highlights the current implications of mineral rights leasing, in which many North Carolina landowners have no control over whether drilling happens on their land or not.
“What is particularly concerning about it is that the mineral rights owner, even if they don’t own the surface, does have the right to access and develop those minerals, putting a drill on your property,” James says in the story.

Debbie Hall, a Lee County landowner, is also interviewed. Her home has been in her family for generations. While she owns the home and land, she does not own the rights to the minerals in the ground beneath her house.
“Nobody ever let me know that somebody else bought the mineral rights,” she said. “My fear is that [...] all these children out here will never see the place as it is now.”
To listen to the entire story at Carolina Connection, click here.

As far as our concerns about what will happen to us , to me it seems has not changed much since this article last year came out .

N.C. fracking board member zings advisory group 
Uninformed. Emotional. Irrelevant.
These are the ways several members of the N.C. Mining & Energy Commission have characterized public comments in recent months on the touchy subject of fracking. The commissioners have fretted that their public meetings could turn into free-for-all protest sessions unless public comments are strictly controlled. another good article is here  For the full report of Forced Pooling go here . Compulsory Pooling Study Group Report

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1 comment:

  1. stand your ground nc w/ed harris against fracking3/31/14, 3:08 PM

    Thanks for helping inform people about the legal pitfalls related to FRACKING. Any landowner that is considering signing a lease or is threatened with Compulsory/Forced Pooling should contact an attorney that is VERY knowledgeable in OIL and GAS lease's and the North Carolina Senate Bill 820.


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