Spectra Energy, Eminent Domain, Water Pollution
Making News on WHRW-FM Radio at Binghamton University
(Part of State University of New York - SUNY - System);
Internet Access Spreads 1st Person Accounts
1) Are you dealing with property rights issues related to the threat of eminent domain from energy or utility companies that want your property for gas pipelines, underground gas storage fields or other uses?
2) Are gas drillers asking you to sign leases because your property sits above the gas-rich Marcellus Shale?
3) Are you wondering about increasing reports of water contamination that may be related to gas drilling operations?
Thanks to internet technology, you have an opportunity to listen to a first-person conversation with property owners who are sharing their experience and recommendations of how to deal with these issues.
Houston-based Spectra Energy Corporation’s performance record at its underground gas storage field in Bedford County, PA (dubbed Steckman Ridge), was front and center in a talk radio program hosted by Vince Fronda and called The Point.
The program airs every Tuesday between 10:00 am - 1:00 pm on WHRW radio 90.5 on the FM dial. The best part is that you can listen to it online via your computer. (See links provided in this post.)
Mike Benard, Bedford County property owner who launched this website, was asked to talk about eminent domain, which is the forced “taking” of property and/or property rights under the badge of government.
Benard spoke in detail about the experience he and other property owners shared in a two-year fight against eminent domain actions launched by Spectra Energy, a natural gas storage and pipeline company, backed by the power of the Federal Energy Regulatory Commission (FERC).
Mike Benard Interview on WHRW:
http://www.radio4all.net/files/vfronda@gmail.com/4028-1-mike_benard_interview.mp3
By clicking the audio file link above, you can listen to that broadcast. Among other topics, Benard talks about what property owners can do if faced with losing their property rights under the threat of eminent domain.
For property owners who might be approached by gas companies that want to drill on their property, he recommended four steps before signing any lease:
1) If water is on your property, have it tested before any drilling activity begins. Get your water tested for any byproducts related to gas operations, because you will want proof of the baseline quality of your water, if it changes later. One property owner spent $900 for such comprehensive tests.
2) Do your homework. For example, understand comparable value in lease agreements. If the gas companies are also leasing public lands (e.g., game lands or state forest lands), ask to see a copy of that lease agreement. Gas companies will be reluctant to share that information because the lease agreements with government entities tend to be much better than the lease agreements with private property owners.
3) Use available resources. In addition to this website, check out a website called the “Natural Gas Lease Forum for Landowners” at this link: http://pagaslease.com/index.php
4) Get competent legal advice before signing any lease. It makes sense to find an attorney who specializes in mineral rights, but don’t be surprised to learn that they also work for energy companies. It is your job to weed out any potential conflict of interest by asking questions.
Following the interview with Mike Benard, Angel and Wayne Smith called in to continue the discussion. The Smith’s are very familiar with Spectra Energy and gas operations as they are among the property owners in Bedford County, PA.
Angel & Wayne Smith Interview on WHRW:
http://www.radio4all.net/files/vfronda@gmail.com/4028-2-angel_and_wayne_smith_interview.mp3
Mr. and Mrs. Smith recently sued Spectra Energy for an alleged illegal taking of their property rights for the company’s Steckman Ridge underground gas storage field. In addition, their legal action contends that the Houston-based company is responsible for the contamination of their water supply, via its Steckman Ridge joint venture.
The Smith’s lawsuit was the subject of a front-page article in the Bedford Gazette (October 24-25). Among other details, the article reported: “The Smith’s arsenic levels [in their water] became so serious that they purchased a complex $11,000 treatment system they now keep in their basement.”
It is easy for some folks to theorize about issues like eminent domain and the contamination of a water supply - especially when they have no skin in the game. Angel and Wayne Smith put a human face on the reality of these issues. Their experience offers important lessons for property owners.
In addition to the WHRW-FM broadcast, you can find out more at these links:
Clearville’s Blog: http://clearville.wordpress.com/
Clearville Compressor Station: http://www.youtube.com/watch?v=Goq21cuNQkg&feature=channel