FOR IMMEDIATE RELEASE Contacts: Jim Huebner, Stark-Summit Coalition, (330) 833-8960; Elyse Hirsch, Food & Water Watch, elyse.hirsch@yahoo, (330) 808-4256 Veteran Forced Into Fracking Lease Day After Veteran’s Day Columbus, Ohio—Jim Huebner, Massillon resident and Vietnam Veteran, appeared in front of the Technical Advisory Council on Tuesday to express his objection to being forced into leasing his land to Everflow for oil and gas drilling, or mandatory pooled, as part of the Sisko 1 unit. The six present council members, Mark Neese, John Ackerman, Steven Grose, Douglas Gonzalez, Brian Morley and Greg New all voted in favor to mandatory pool Jim and fourteen other people. All present members work directly with or have interest in oil and gas drilling operations. During Huebner’s testimony, he expressed concerns about the proliferation of urban wells in the area, the aquifers that may be adversely impacted and preserving the neighborhood’s historical integrity. Everflow’s leasing manager, Les Dundics state that all but about 5% of the properties in the proposed well location had signed leases. Chairman, Douglas Gonzalez implied he wanted to ensure the other 95% of the signers are able to “enjoy theirs” (mineral rights). He said, “better off being mandatory pooled and getting something for their minerals instead of nothing.” Huebner rebutted to Gonzalez’s assertion that this was in everyone’s best interest. According to Jim, residents were told by land agents that they were better off signing because, if they didn’t sign, the company would take the land and they wouldn’t see anything. In an economically depressed area, Huebner argued that residents would be more apt to sign to get “something,” especially if they are led to believe they’re going to get big royalty payments. People are thus coerced into signing instead of entering a contract based on free will asserted Huebner. Furthermore, he informed the panel that there were a number of rental properties in the area, so some of the landlords signing don’t actually live on the grounds. Les Dundics, representing Everflow, said that the company would not encourage or permit their agents to tell landowners they would take their land and that he would take appropriate action with his leasing agent. The company had a prior incidence in the area with a forged signature on a lease agreement and that leasing agent had since been removed. At the end of Huebner’s testimony, he reminded the council that he was a veteran and retired park ranger very familiar with his rights. He asserted to the council that he believes a mandatory pooling is unconstitutional and a violation of his freedom to form or decline a contract. He said, “…this proceeding before a largely biased and pro-oil and gas panel, which reports to a biased and interested governor who has been paid so much by oil and gas companies, is an unconstitutional infringement on my civil rights. I may seek civil rights damages against the members of this panel individually and as agents of the state as this goes forward.” Huebner is upset that his land can be taken by a private entity without a condemnation proceeding. Moving forward, the council will express their approval to the Chief. The Chief will review the information and issue an order or deny it. Huebner may file an appeal should the Chief move forward with an order.
Posted on: Thu, 14 Nov 2013 11:33:57 +0000
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