Bedford County, PA Widow Sued

TV often captures the most acute of the situations.  Many jurisdictions have statutes which provide for entry onto a property prior to condemnation in order to stand assured that it knows what it will be paying for.  Often, utilities, especially these gas storage companies, fail to recognize any portion of what is owed, while sometimes they get it right.  Many jurisdictions have statutes which provide for entry so long as there is no damage and all damage is paid, if there is any.
    
WJACTV

BEDFORD COUNTY, Pa. -- A Bedford County widow is being sued for trying to keep Columbia Gas Transmission off her property.

The Texas-based company is using eminent domain to gain access to 67-year-old Mary Ellen McConnell's 125-acre farm.

They want to do seismic tests to see if they can store natural gas under her land.

While others in the area have granted the gas company access, McConnell refuses.

"If the federal marshals want Mary Ellen, they're going to have to come with their pink cuff links and take me away," she said.

McConnell heads to court July 20 in Johnstown.

Gas Fortunes in Future Litigation

If the Collingwood shale (9,500 feet below the surface) turns out to be an economically viable gas storage area, we can foresee the myriad of litigation which will ensue in Michigan.  The issue of how far one can obtain gas, including entry onto adjacent parcels, will be litigated and relitigated for years to come.  The issue of whether the Collingwood shale strata was considered in the original gas and oil deeds will be fought about just as much.  
 

DetNews.com      

 It looks as if Michigan is loaded in a ready-to-go energy resource -- natural gas locked deep in a shelf of shale almost two miles down. Daniel Yergin, a Pulitzer Prize-winning author and energy expert, calls new technology to extract natural gas "the biggest energy innovation of the decade."

In the Michigan oil and gas world, the buzz centers on a single well in Missaukee County -- a county just 8 miles east of Cadillac -- drilled by the Canadian oil giant Encana last fall. With no history in Michigan, the company moved in quietly in 2008, acquired 250,000 acres, and then chose a spot in Pioneer Township on the so-called Collingwood Shale.

Encana drilled down 9,500 feet, then 5,000 feet horizontally, a technique that enables the driller to tap into a deep reservoir and then capture gas in an almost mile-long swathe.

Natural gas firm favored in ruling on south Sacramento storage

Sacramento Bee

Sacramento Natural Gas Storage has gained ground in its bid to store billions of cubic feet of natural gas beneath a south Sacramento neighborhood.

An administrative law judge for the California Public Utilities Commission ruled Monday that complaints that the company had misled the public and the agency earlier this year were without merit and will not be investigated.

The decision stems from a July complaint by the state PUC's public safety arm, which had urged the regulator to fine the company $80,000 for four separate rule violations.

Sometimes, owners become so emotionally charged when they lose their land that they see ‘demons’, which really do not exist. The Sacramento acquisition is such a situation. The owners may be right. If so, they should have their day in court. Thus far, they are on the losing side of a very divisive situation.

Court Rules Against Pipeline

East Valley Tribune

The owner of a single piece of property is standing in the way of a new natural gas pipeline to serve central Arizona.

And a federal appeals court won't force the issue - at least not yet.

Without dissent, the 9th U.S. Circuit Court of Appeals has rejected efforts by Transwestern Pipeline to get immediate possession of properties in the path it seeks for its 260-mile pipe.

The judges said the company may eventually be allowed to condemn the property. But they concluded that the private company cannot take immediate possession until it gets a court order.

That requires a hearing where the landowners have a chance to challenge both the company's need for the property as well as whether Transwestern is meeting its requirements to negotiate in good faith on the price.

The court ruling is the latest setback for Transwestern, which has faced opposition in its bid to complete the $700 million project that is designed to connect central Arizona with the company's main pipeline that carries gas from New Mexico across northern Arizona.

Transwestern spokesman Jerry Herenden said the 280-mile spur eventually will carry 500 million cubic feet of natural gas to the Valley each day.

The interesting proposition of the subject of the article is the appropriate recognition by the federal appellate court that Due Process applies to the rights of individuals and recognition that eminent domain statutes must be followed.

Landowners fight over gas storage

Fulton County News

Some southcentral Pennsylvania landowners fighting an eminent domain lawsuit to take their lowground mineral rights for an underground natural gas storage field say they feel they never had a chance to have a say on what happens to their land.

"It's always almost a done deal before landowners can get in there and do anything," said Sandra McDaniel, one of the landowners in Bedford county.

The 10 landowners fighting the Steckman Ridge gas storage field say they believe they could get far more money from exploration companies interested in drilling in the Marcellus Shale rock formation.

The thick, black shale lies more than a mile below much of Pennsylvania and some expect it to become the nation's biggest gas-producing reservoir. Already, many of the country's largest gas exploration companies are rushing to Pennsylvania to drill on the Marcellus Shale. Exploration companies have given some landowners across Pennsylvania several thousand dollars per acre for the right to drill down to the Marcellus Shale, and as well as the promise of potentially hundreds of thousands of dollars or more in royalties from a successful well.

But during early negotiations, the 10 Steckman Ridge landowners received a top offer of $400 an acre from the group that wants to build the storage field, landowners said.

Last year, Houston-based Spectra Energy Corp. and New Jersey Resources of Wall, N.J., formed a joint venture to build the Steckman Ridge gas field, saying it will help supply gas to the heavily populated Northeast and Mid-Atlantic states.

In June, the Federal Energy Regulatory Commission approved the companies' application to build and operate the field in a process that the landowners say was far too complicated for an average citizen and virtually shut them out.

A month later, the companies sued the 10 landowners in federal court in an effort to force them to agree to a price, citing federal law that permits the use of eminent domain for natural gas projects.

The companies already had the below-ground storage rights for much of the land they needed after they bought the rights from an exploration company that had drilled there in recent years. McDaniel and the other nine landowners still owned their gas storage rights, and say Spectra Energy has not dealt fairly with them.

Susan Waller, a Spectra Energy vice president, said the company is not using eminent domain as a negotiating tactic and would rater settle out of court with the landowners.

"We've talked to everybody and we've tried," Waller said. "At this point, we'd give anything if we could settle with them. They can still settle with us. We can still resolve this."

A federal judge has not decided on a compensation amount. The field is expected to be completed in the first half of 2009.

This is a fascinating article. Why? Because it shows you how well a PR person can tilt the truth in order to make the reader illogically come to an irrational result. If Ms. Waller's principal would so readily 'give anything', why not just fair value?

Clearville Gas Drilling

Altoona Mirror

Ralph Blevins of Claysburg stood at a long table filled with materials on natural gas contracts and projects, picking up stacks of papers, skimming through them and trying to educate himself on what could happen to him in the near future.

Blevins has a gas and oil lease in Kimmel Township, Bedford County, and traveled to the tiny town south of Everett where landowners hosted an informational workshop Sunday to show others the struggles they have faced with a natural gas storage field project in their town.

''The information is overwhelming,'' Blevins said.

He was surrounded by several long tables piled with a chronological overview of the Clearville project, walls with large posters of information on natural gas company Spectra Energy and the Federal Energy Regulatory Commission, which regulates projects such as the one in Bedford County. A couple of videos played in opposite corners of the room at the Monroe Township building.

Dick Eckman, who calls himself the Clearville ''self-appointed watchdog,'' was pleased to see a large turnout at the workshop.

This utility is getting killed by the media here. The reality is that it probably could care less. Apparently Spectra feels the Federal Court system bodes well for condemning authorities. This is not necessarily true, especially when a utility gets a little 'greedy' as is so apparent here.

Clear Fork Valley Storage Field

WMFD TV- Click to see video

 

A citizens' group formed in the Clear Fork Valley is ready to do battle with a corporate giant.

Representatives of Ohioans Protecting Our Resources and Rights, called on the Richland County Commissioners to outline their disagreement with the Columbia Gas Transmission Corporation.

Butler resident Van Ross Wade says the company has notified residents it wants to enlarge its wheeler gas storage field from the eastern edge of Butler and Millersburg.

No compensation has been offered, citing eminent domain. The grassroots group meets from 7 to 9 p.m. each Thursday at the Clear Fork Adult Center in Butler. The public is welcome to become involved.

-The individuals involved in this newscast apparently are not being fully informed by Columbia Gas as to their rights. Has the utility authority approved this project?  Did the owners give up their storage rights?  Is a fair attempt to resolve premised upon the principals of just compensation being made?  Valuable interests are being taken.  The owners should be fairly compensated as part of the process

Owner's Gas Storage Rights

Mirror Takes

A Texas-based private natural gas company says it is filing for control of several Clearville properties after more than a year of unsuccessful communication and outreach with landowners who do not support its proposed project.

Meanwhile, a major federal regulatory agency is concerned about the landowners' complaints and has filed for additional time and a rehearing addressing the potential project.

Spectra Energy's Steckman Ridge natural gas storage facility was approved by the Federal Energy Regulatory Commission in early June.

…One of the major concerns of local residents is the possibility of losing out on royalties from the Marcellus Shale, a long section of sedimentary rock along the East Coast believed to harbor large amounts of untapped natural gas reserves.

If the storage facility is in place, designed to hold imported reserves from across the country or other nations, drilling for local reserves would be impossible.

…Spectra expects the 12-billion cubic foot facility to be completed and in service in April.

The Texas firm attempting to privatize the owner's gas and gas storage rights should carefully assess the economic (acquisition) costs of the project.  The owners have clear and succinct rights to compensation.  A close reading of the article verifies that such did not apply in this situation.

Potential dangers in drilling for gas

The Times Tribune


Ms. Howe Henneberg called eminent domain “evil words,” and she fears a pipeline running through her backyard if her neighbors sign natural gas drilling leases.

“It would be horrifying to me,” she said, adding she wants to buy the 13 acres adjacent to her 6-acre property.

Ms. Howe Henneberg was one of more than 300 residents from Pennsylvania, New York and New Jersey who attended the Damascus Citizens for Sustainability event Saturday night that featured a narrated slide show by Theo Colburn, Ph.D., the co-author of “Our Stolen Future.”

Though Dr. Colburn spoke to the crowd via phone from Colorado, her presence filled the Delaware Youth Center, her comments at times eliciting gasps from the attendees. She spoke about natural gas drilling in her state and stressed the need for full disclosure from drilling companies.

During the fracturing process, when natural gas is forced from the ground, “they’re using a number of chemicals with long names that many of you wouldn’t recognize,” she said.

A recent study of natural gas production on the western slope of Colorado, Dr. Colburn said, found 215 products with 278 chemicals were used.

Of those chemicals, 93 percent produced adverse health effects, while information on the remaining 7 percent was “proprietary” and therefore not available, she said.

Some of the chemicals used can cause irreversible “endocrine disruptions” before a child is born, Dr. Colburn said.

She can also foresee similarities between drilling in her area and the Northeast.

Anticipating the effects of natural gas drilling and spreading awareness are goals of the Damascus Citizens, a grass-roots group that formed in February.


-This article notes the potential dangers in drilling for gas. Safety is not an option it is required. Yet, drilling gas is something that is a nationally propounded policy, as illustrated by our tax regulations.

Be Cautious Before Signing Leases

Weekly Almanac, Editorial

Some Wayne County landowners, particularly in the northern part of the county, have the opportunity to make royalties off their land by singing leases with natural gas companies that have been looking to acquire drilling rights here. Residents have been advised to find out as much as possible about the process before signing anything.

The companies’ interests will take precedence over the interests of the landowners.

Landowners were advised to join together, pool their acreage and hire a lawyer or agent to negotiate for them as a group.

-This editorial is one of the brightest and well written editorials that could be provided to the owners. The editorial realistically advises owners that they should look to what rights they have and pool their acreage. In most States, there is a State statute which allows pooling, thereby allowing the individual owners to maximize their values.  This will likely result in the highest possible royalty percentage.