http://www.wral.com/study-group-to-meet-on-nc-fracking-matter/11966500/

A study group of the North Carolina panel developing regulations for natural gas drilling on Friday discussed the controversial practice of forcing landowners to have gas pumped from under their property.

"Forced pooling" joins leased and unleased tracts of land so there is sufficient acreage to form a drilling unit for natural gas extraction.

Proponents say it protects property owners by requiring gas companies to pay royalties to anyone who hasn't sold their mineral rights, but opponents argue that the practice violates individual property rights.

"It's like the homeowners association from hell," said Therese Vick, a community organizer with the Blue Ridge Environmental Defense League. "If you look at the issue and you look at people's well-being, their quality of life, there's just no way to make this law right."

Lee County landowner Ed Harris calls forced pooling a declaration of war on property rights.

"These people are trying to run roughshod over the people of North Carolina and not give us a fighting chance," Harris said of the state Mining and Energy Commission, which is drafting gas drilling regulations.

"My land belongs to me. It does not belong to Jim Womack, Ray Covington and (other members of) the Mining and Energy Commission. It belongs to me," he said.

The study group is trying to determine how many landowners would have to agree to drilling before one of their neighbors is forced into the pool and what a reasonable royalty for those people would be.....



So it appears even if you refuse they may end up being able to drill on your property. The can of worms has been opened by the NC GOP and the NCGA.

1/12/2013 9:17:17 AM

I suspect that is not the case. More than likely this law is intended to handle the "I Drink your Milkshake" issue where gas that is on your land flows onto mine and out my drilling equipment, leaving you with nothing left worth drilling. This law will force that driller to pay you for the gas they drill on your neighbors property, because some of that gas will have flowed from your property whether you or anyone wanted it to or not.

1/12/2013 6:27:42 PM

^ So why isn't that already covered under existing property law? Seems to me that if you want to drill for a resource, and your extraction of that resource may or will pull from other property owners, then you need to secure their permission before hand, or not drill, or face the consequences of being sued for violation of the property owners rights. Why the need to essentially have an eminent domain situation just because enough of your neighbors agree that you should run the risk of losing your property?

1/12/2013 6:48:39 PM

This is a conflict of rights. If they have the right to declare you cannot under any circumstances withdraw or risk withdrawing any of their gas/oil/water, then that makes it impossible to withdraw any of your gas/oil/water from your property, thus depriving you of your property rights.

So, due to the laws of physics and living in an imperfect world, whatever rule we set someone's rights are being violated. Therefore, since the rest of us, as consumers, have an interest in property owners making use of their resources to serve us we set the rule in such a way to actually allow extraction.

Keep in mind whatever rule was set was also set for water extraction. By the time we began drilling for oil we had hundreds of years of case law of people fighting over the extraction of water which by then was hard settled law - he who pumps it on their own property owns it free and clear. My parents live on well water. But as they pump up water on their property, it is sometimes going to be replaced with water from their neighbors property. If the rule was the other way, as you suggest, my parents could not do this.

1/13/2013 11:05:28 AM

1/13/2013 11:07:36 AM

^^Well once fracking begins their well water won't be very drinkable .

1/13/2013 11:26:43 AM

^^^ I'm willing to be proved wrong but I am unaware of any law which requires my neighbors to compensate me if enough people in my neighborhood get together and decide they want to drill their own personal water wells. Is there such a law if my neighbors decide they want to start a water collective and sell the pumped water to other people?

1/13/2013 2:36:33 PM

Local permitting enforces well construction permits and it all falls under NCDENR DWQ aquifer protection. You would have to meet various requirements to do it.

1/13/2013 3:02:04 PM

On the subject of the General Assembly and the environment:

http://www.wral.com/thursday-wrap-house-senate-butt-heads-again/12382109/

Quote :

"Meanwhile, a Senate panel passed legislation that guts environmental regulations by requiring cities and counties to repeal any rules stricter than state or federal law and require state environmental oversight boards and agencies to repeal or rewrite any state rule stricter than federal regulations."

Like conservatives always say, the federal government knows whats best for states and municipalities.

4/26/2013 1:55:31 PM

Quote :

"^^Well once fracking begins their well water won't be very drinkable ."

that's bullshit and you know it.


OMG FIRE COMING FROM THEIR SINKS

4/26/2013 2:04:56 PM

^^ So basically, a giant "Fuck You" to communities that decide they don't want to have their land raped and pillaged over peanuts.

4/26/2013 2:43:54 PM

^^as usual, that's a really great argument Smath. You're such a great arguer!

4/26/2013 2:51:57 PM