WV Legislature Fails to Pass “Forced Pooling” on Last Day
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WV Legislature Fails to Pass “Forced Pooling” on Last Day
From an Article by Aaron Payne, WV MetroNews.com, March 14, 2015
In an unusual series of events, a bill that would allow “forced pooling” or “integrated pooling” was put down by the House of Delegates with a 49-49 vote in the final hours of the last day of the Regular Legislative Session.
Earlier in the day, the Senate passed an amended version that ultimately created a commission charged with approving shallow and deep well gas drilling on large tracts of land when mineral rights owners did not voluntarily give up their rights when 80 percent of the mineral rights have already been obtained.
Senate Judiciary Chair Charles Trump (R-Morgan) said those who are involuntarily integrated would be required to be compensated at a fair price and would be provided other protections. “The bill contains a protection for those people as to the surface,” he said. “There can be no above ground drilling apparatus, anything like that, on the surface of a person that has been pooled in, hasn’t gone in voluntarily.”
However opponents characterized the bill as a “gift” to the industry and violates property rights.
“I appreciate the work that’s been done and I think this is as fair as it’s going to get, but it’s still my fundamental right. It’s my property, it’s what I own,” Senator Ronald Miller (D – Greenbrier) said.
...
The lead sponsor of the bill and chair of the House Energy Committee, Delegate Woody Ireland (R – Ritchie), attempted to promote the benefits of the legislation before the vote. ...
However, opponents of the bill –which equated to 21 Republicans and 28 Democrats at the end– said forcing holdouts into the fold was not in the best interest of the people. “Forced pooling means without consent. They don’t want to do it,” Delegate Isaac Sponagle ((D – Pendleton) said. “We’re legally allowing taking their resources and transferring them to someone else who has a lot more political influence.”
The result came as a surprise to many as those who voted against the bill erupted into cheers as the 49-49 result was announced by Speaker Armstead.
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