Pennsylvania Ag Connection - PFB: New Law Will Help Resolve Disputes Over Land Use

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PFB: New Law Will Help Resolve Disputes Over Land Use
Pennsylvania Ag Connection - 02/08/2010

Legislation strongly influenced by the Pennsylvania Farm Bureau (PFB) that authorizes the creation of a Coal Bed Methane Review Board to resolve disputes between landowners and gas companies in Pennsylvania has been signed into law by Governor Rendell.

"Farmers who own the surface rights on properties often run into issues with companies that own the rights to oil, gas and coal underneath their land. The creation of this new board will help resolve common problems, like determining the location of coal bed methane wells on the property and the location of access roads," said PFB President Carl T. Shaffer.

The legislation, House Bill 1847, amends the Coal Refuse Disposal Control Act by establishing a three-member Coal Bed Methane Review Board. Each of the appointments to the Board will be made by the Governor separately from a list of recommendations submitted by the Pennsylvania Farm Bureau; a list jointly submitted by the Pennsylvania Oil and Gas Association, the Independent Oil and Gas Association and the Pennsylvania Coal Association; and a list jointly submitted by the Deans of the College of Agricultural Sciences and the College of Earth and Mineral Sciences at Penn State University.

"Pennsylvania Farm Bureau actively worked with state lawmakers, including Senator Don White, and representatives of the oil, gas and coal industries to produce a legislative solution that addresses the key concerns of farmers and other landowners," added Shaffer.

Farm Bureau notes there have been numerous disputes over the years focusing on the location of wells and access to those locations. Farmers have been especially upset when these projects have resulted in the loss of productive farmland, when other alternatives on the farm were available.

"We're confident that the review board will provide a positive environment to resolve disputes between surface landowners and subsurface coal bed methane interests, while also providing an opportunity to achieve good faith negotiations among the affected parties. The process will also help farmers, other landowners and energy companies avoid entering into expensive and time-consuming legal battles," concluded Shaffer.