The Texas Railroad Commission has issued a pfd (Proposal for Decision) which paves the way for Titan Operating to take the minerals of 17 Flower Mound homeowners. The only step left is for Commission itself to bless the decision, a near certainty. You know, the commission whose chairperson’s Husband and Daddy run Venus Exploration. With objectivity like that on legal issues, well, let’s just say it would never fly in a REAL legal setting, or on any city council, county government, or any other sort of governing body.
FMCAUD is proud to have helped these 17 Flower Mound homeowners stand up against this heavy handed government intrusion and theft of property these homeowners had legal title to. We should all be outraged when government takes anything from an individual. It is a road to less Democracy and less individual rights.
FMCAUD looks forward to protesting the next 20-22 probable Rule 37 hearings in Austin on this site and any other site in the Metroplex Titan feels the desire to steal private property from.
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21 comments:
Theft!! Thanks for all the hard work. I hope it takes forever for Titan to drill all the wells they want. Keep protesting people it is the only right you do have!!!!!!!
20 more? Yikes, ya'll have a longer attention span than I do. ;-)
It's just wrong!
Not surprised...crying for Flo Mo...
They're attempting to steal from Southlake & Colleyville residents too. FMCAUD should be proud of their efforts; this rule was never intended for urban drlling and should be revised.
Does anyone know whether a CCF on Hilliard is now inevitable and will happen like it did on Scenic? Can it be stopped in the Town Council or will it just be added into the Hilliard site without any need for P&Z and Council input?
@ Anon August 4, 2011 11:17 PM
Great point about SWR 37. It was never intended for urban drilling, or in other words drilling in densely populated areas. Maybe a class action lawsuit is in order for all those impacted by SWR 37, as this law was written decades ago and only addressed conventional drilling.
Property rights are being taken away (stolen) and health is being impacted, as our air quality is diminished. This ruling does not even allow people who are pro-drilling to get the best rate for their minerals. Kind of like being forced to sell your stock when the market takes a hit, as it did yesterday. Very socialistic move by the RRC and very un-American!
Anonymous 8:50 a.m.
The new Oil and Gas ordinance will make it very difficult to allow a CCF in Flower Mound. And, as long as we have the current Majority Voice on Council, it is even more difficult, because the industry would have to get the minority/independent voice Stephenson and those who helped her campaign--Smith, Johnson, Mizeur, Levenick, Wallace, Dixon, Webb--back in power in 2012.
Let's keep NFL in office and keep CCF's out of Flower Mound.
@August 5, 2011 8:50 AM
The best way to keep that from happening is to keep the number of wells down. The big fight now is to keep LISD from leasing their property. Email the LISD trustees, call them, attend meetings, show up on their doorstep (ok, that one is a little creepy). The Hilliard site is extremely limited due to lack of leases to the east, north, and south (LISD). Many of leases outside the two wells units are now expired or expiring The best two well paths encroached on 17 homeowners, the others, if any, will all be worse. We need to put pressure in LISD to not sign the property near Hilliard's. Also, encourage anyone who still has not signed to NOT SIGN. You can still impact this site by not allowing ANY more activity. That is by far your best legal defense, and it's easy, all you have to do is....nothing.
Is it just a yes or no decision or do they have to provide an opinion in writing? Can it be challenged in Federal court on the grounds that it is theft?
http://www.rrc.state.tx.us/
Just look at Tan Parker. He is all smiles with his buddies at the RRC. Looks like he was ineffective on his watch at preventing the state from allowing stealing from his constituents.
And look !! the RRC has a kids corner too. How exciting !!
http://kids.rrc.state.tx.us/index.html
Awful. We're still waiting on our 1st Rule 37 Decision over our way. This stuff is disgusting...knowing how it works and how it works to help Big Gas, only.
I want to make the point that "government" is not necessarily the problem here...it is private corporations that are bound and determined to take over our country by controlling our regulatory agencies. When that happens, the little guys get you-know-what.
If minerals are being stolen, does that make Temple Baptist Church an accessory to theft since they will receive royalty checks that will come from the sale of stolen property. They appear to be the second largest land owner here. Maybe it is not theft as defined by the Railroad Commission, but on a higher moral level at which churches operate, when you take someone's things away it is generally called theft.
Has the church management provided their views on this matter or will they be satisfied with the check from the Gas company so they can continue with business as usual.
Interesting point regarding Temple Baptist Church. They probably signed the initial lease with Llano, before most people knew about the dangers of fracking. Some leaseholders still believe that shale gas is a blessing from God. I prefer to believe that the shale is a blessing from God--a protective geological strata formation that He put there to protect His most loved creation from benzene, carbon disulfide, naturally occurring radioactive material.
Over our way, we have contacted churches and have asked a lot of questions. There is a disconnect and a denial even with all the information pouring out, now. They have counted on these royalties for years. Churches need to step up to the plate and realize the unethical behaviors that are going on about all of it. This stuff is dividing and harming communities and will only get worse.
A hint and a question!!!
I was informed by a very experienced legal O&G mind that Rule 86 is actually what governs horizontal drilling in the Barnett Shale and not Rule 37.
So, how can they use Rule 37 on us?
Someone want to investigate that?
Perhaps, it's been used as an intimidation tool and misused, too?
http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=16&pt=1&ch=3&rl=86
Here's the link to the SW Rule 86 -- I think that (b) (3) may explain how rule 37 is still applicable to horizontal wells, but still this rule talks about bigger setbacks than rule 37 -- we need a legal brain here.
If you read the history of rule 37 you'll find that it was intended to protect adjacent land owners from their minerals being taken. Correct me if I'm wrong,here, but, I believe it's a pretty well known fact that the first well in an area is the most productive?
I didn't sign a lease (but was offered one) but wasn't one of the 17 homeowners notified that they do not plan on drilling within 330 feet (I think that is the number) of my lot. Will my minerals be taken with this horizontal run or will that come up later when they try to drill closer to my home?
Will the 17 people be compensated for the taking? Will they have a chance to sign a lease if the rule 37 exception is granted? Not saying this justifies it, just trying to learn. Thanks.
Also,
If you were not one of the individuals on the 2 Rule 37's your minerals will likely NOT be drained by these two wells, but you could be Rule 37'ed in subsequent wells. The 17 homeowners will NOT be compensated for their minerals. They knew this possible outcome going into the Rule 37 protest.
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