Real Estate & Property Law

Legislator Makes Fool of Himself

By Alan Ackerman

State Representative Garth Everett claimed that eminent domain is the taking only of 'surface land.'  Simply because people do not know that their property is being trespassed upon does not mean they have no right to compensation.  Basic law requires that what is taken is paid for.  The historical colloquialism for this is that people own to the heavens and to the center of the earth in a cylindrical form.  State Representative Everett needs a copy of a property book.

Sun Gazette

Proposed legislation by a local lawmaker would allow companies to drill in the Marcellus Shale beneath properties of those without gas leases.

State Rep. Garth Everett, R-Muncy, co-sponsor of the Conservation Pooling Act, called it a potential win-win prospect for both drillers and landowners.

The bill, which has not yet been introduced, calls for compensating holdout landowners while preventing them from blocking development of the gas from leased properties around them.

While acknowledging that some opponents may call into question eminent domain issues, Everett does not see it that way.

"Eminent domain is taking surface land. These people won't even know it's taking place," he said.

Susquehanna County resident Ron Livermore, who owns properties in Cogan House and Lycoming townships, said he is adamantly opposed to giving up his rights to his land.

"A small landowner has no recourse if things go bad," he said. "Will I be compensated by the state?"

Full post as published by National Eminent Domain Blog on July 20, 2010 (boomark / email).