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.

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?

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.