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Richard Cain, West Virginia Man, Wants Supreme Court To Rule In Gas Case

Huffington Post -- CLARKSBURG, W.Va. (AP) — A Marion County man wants the state Supreme Court to weigh in on a lawsuit aimed at stopping an Exxon Mobil Corp. subsidiary from sinking as many as 18 wells on his land to reach his neighbors' gas.

Richard Cain, a 61-year-old farmer, filed a motion in Clarksburg this week, asking U.S. District Judge Irene Keeley to certify a question for the state justices. If she declines, he wants her to grant a judgment on his behalf and issue an order permanently barring XTO Energy from trespassing.

Cain concedes he doesn't own the rights to oil, gas and minerals under his 105 acres. But he argues that a 1907 deed at the center of the case never envisioned such extensive surface disruption.

XTO Energy plans to use about 36 acres to site wells. Cain contends that


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Submitted Jul 09, 2012 By: LetemEatCake
Category: Daily News Article Discussions > Topics Add to favorite topics  
Author Topic: Richard Cain, West Virginia Man, Wants Supreme Court To Rule In Gas Case Back to Topics
REPLIES (newest first) Post a Reply
honda0105
Champion Author Tallahassee

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Message Posted: Jul 11, 2012 6:58:27 AM

Good luck sorting this out...
FuelBarge
Champion Author Long Island

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Message Posted: Jul 10, 2012 8:52:05 AM

Sound like he is going to lose.
drpepperTX
Champion Author Texas

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Message Posted: Jul 10, 2012 8:47:51 AM

Hmmmm...The guy took $63,000 from XTO, how is this "stealing his land" NHL???
remay
Champion Author Houston

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Message Posted: Jul 10, 2012 5:50:26 AM

Interesting dilemma...
NHLiveFree
Champion Author New Hampshire

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Message Posted: Jul 9, 2012 10:48:57 PM


Good luck to Mr. Cain and his family as Exxon makes a land grab on his property. Exxon steals his land to access the gas on the adjoining property. It is just incredible that Big Oil can get away with this in so many states where it has been legalized. How can any state grant eminent domain rights to corporations?????????????????
LetemEatCake
Champion Author Oklahoma City

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Message Posted: Jul 9, 2012 10:22:19 PM


Thanks for all of your great comments!
PDQBlues
Champion Author San Diego

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Message Posted: Jul 9, 2012 5:17:27 PM

I wish him and the other citizens the best to maintain their rights in these times of corporate takeovers.
Cheepo
Champion Author Tampa

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Message Posted: Jul 9, 2012 12:24:28 PM

They can drill on my land and give me the royalties!!!!!
md11capt
Champion Author Denver

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Message Posted: Jul 9, 2012 12:14:05 PM

Love BIG OIL.
EMoe57
Champion Author Jacksonville

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Message Posted: Jul 9, 2012 10:38:07 AM

Sounds like a mess
Wanda127
Champion Author Florida

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Message Posted: Jul 9, 2012 9:53:28 AM

It will be interesting to see how this turns out.
daquanabe
Champion Author Houston

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Message Posted: Jul 9, 2012 9:33:31 AM

i wish you the best of luck
Agarre
Champion Author Richmond

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Message Posted: Jul 9, 2012 9:22:12 AM

Ok
stopforgas
Champion Author Mississippi

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Message Posted: Jul 9, 2012 9:12:42 AM

Good luck getting the Supremely Perverse Court to support you.
chvytruk
All-Star Author Kentucky

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Message Posted: Jul 9, 2012 8:53:40 AM

This country has the finest justice system money can buy, and if you have the money, you can buy the justice.

Guess which end of the stick Cain will be holding.
melvindale
Champion Author Michigan

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Message Posted: Jul 9, 2012 8:47:16 AM

If the oil were under his land, clearly they have a right, but only to a reasonable drill site - not all the valuable land, leaving nothing but steep hillsides.

But the oil is under his neighbors property. Clearly they have no right. They either need to negotiate a lease or a price to buy the land outright. Since they tried to rob him, he is not going to give them a fair price, but they brought that on themselves.

If the court decides otherwise, look at the justices financials to see where they were paid off by the oil company.

Its just common sense.
coughlin
Champion Author San Jose

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Message Posted: Jul 9, 2012 8:43:49 AM

Cain, or a previous owner, made a deal with the devil ... and now he wants out.
Old Timer
Champion Author Akron

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Message Posted: Jul 9, 2012 8:43:42 AM

Interesting
bart_reed
Champion Author Los Angeles

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Message Posted: Jul 9, 2012 8:42:54 AM

Nothing like the legal system.
QualTekGuy
Champion Author Illinois

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Message Posted: Jul 9, 2012 8:40:18 AM

Why do they have to drill on his land to get his neighbors' gas?
chvytruk
All-Star Author Kentucky

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Message Posted: Jul 9, 2012 8:39:22 AM

"Does this guy have a right to control his own property or not? ~dopster" 9:23
-----------------------------------------------------------------------
NO!
Kelo vs. New London, 2005
http://civilliberty.about.com/od/freetradeopenmarkets/p/kelovlondon.htm
LoadToad
Champion Author San Diego

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Message Posted: Jul 9, 2012 8:39:20 AM

A pipeline is one thing, but wells are something else.
rick_evans
Champion Author Boston

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Message Posted: Jul 9, 2012 8:37:24 AM

Drill, baby, drill ...

TheMeltz
Champion Author Maryland

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Message Posted: Jul 9, 2012 8:33:27 AM

ok
drpepperTX
Champion Author Texas

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Message Posted: Jul 9, 2012 8:32:04 AM

Details from this AP release are very short.

Here's a little bit more from the US District Court case in April 2012...

XTO has already paid Cain $63,000 for the right to transport gas across his property.

snarkysmarko
Champion Author Baltimore

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Message Posted: Jul 9, 2012 8:30:51 AM

Get over it, man.
NO_SWEAT
Champion Author Toronto

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Message Posted: Jul 9, 2012 8:28:44 AM

Farmer getting greedy, expecting a bumper crop all the time.
abacus44
Champion Author Toms River

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Message Posted: Jul 9, 2012 8:28:03 AM

Not the use spelled out in the easement.
twinfanMN
Champion Author Minnesota

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Message Posted: Jul 9, 2012 8:27:44 AM

Did they low ball him on the easements and now he wants more money? I don't think the oil company explained the process very well before they got him to sign.
Jizme
Champion Author Lincoln

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Message Posted: Jul 9, 2012 8:27:18 AM

If this guy owns the land, he also owns everything below the land also.
ag4ever
Veteran Author Houston

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Message Posted: Jul 9, 2012 8:27:05 AM

If he did not want wells on his land then he should not have sold the mineral rights. If they were already sold, then he knew going in that he did not own the mineral rights and wells could be drilled.
porotito
Champion Author Houston

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Message Posted: Jul 9, 2012 8:26:39 AM

We all have opinions regarding gas...
jdhelm
Champion Author Iowa

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Message Posted: Jul 9, 2012 8:26:01 AM

I agree with the farmer in this case
TFowler513
Champion Author Memphis

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Message Posted: Jul 9, 2012 8:25:32 AM

They paid for passage only. If they want to pull stuff out of the ground they need to compensate him accordingly!!!
RetFireLT
Champion Author Kentucky

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Message Posted: Jul 9, 2012 8:25:30 AM

How is a lease that gives them the right to transport stuff across his land give them the right to what is under it? Also, why don't they set up on the neighbor's land to get to the gas since that is where they say it is? I'll bet Cain and his neighbor are feuding.
INBwana
Champion Author Indiana

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Message Posted: Jul 9, 2012 8:25:12 AM


What next? Good money for the Lawyers.
Caribou2011
Champion Author Ohio

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Message Posted: Jul 9, 2012 8:25:08 AM

Ok
Grizzy227
Champion Author Pennsylvania

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Message Posted: Jul 9, 2012 8:24:28 AM

OK
ModelWarships
Champion Author Missouri

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Message Posted: Jul 9, 2012 8:23:52 AM

another huffing and puffing post story. Not real news.
dopster
Champion Author Toledo

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Message Posted: Jul 9, 2012 8:23:40 AM

Does this guy have a right to control his own property or not?
olebufnav
Champion Author Omaha

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Message Posted: Jul 9, 2012 8:23:22 AM

One poor farmer vs. Big Oil. Once he may have had a chance, but in this world of Big Brother....
stpatrickbday
Champion Author Albuquerque

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Message Posted: Jul 9, 2012 8:22:57 AM

ok.
twiper1
Champion Author San Diego

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Message Posted: Jul 9, 2012 8:22:35 AM

go get the big guys
goalie1950
Champion Author Phoenix

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Message Posted: Jul 9, 2012 8:22:18 AM

Good luck with this ruling. Maybe they should go see Judge Judy.
scrossi
Champion Author Indiana

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Message Posted: Jul 9, 2012 8:22:08 AM

It's a shame but you are probably right the3rd.
mswillia
Champion Author Milwaukee

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Message Posted: Jul 9, 2012 8:22:08 AM

yikes! he needs a bigger share
Garston
Champion Author Maine

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Message Posted: Jul 9, 2012 8:21:55 AM

good.
DrZNY
Champion Author Albany

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Message Posted: Jul 9, 2012 8:21:54 AM

A landowner should have some rights!
V8power
Champion Author Pennsylvania

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Message Posted: Jul 9, 2012 8:20:46 AM

Interesting case.
BigZ1959
Champion Author Cincinnati

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Message Posted: Jul 9, 2012 8:19:53 AM

down
BigZ1959
Champion Author Cincinnati

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Message Posted: Jul 9, 2012 8:19:35 AM

up
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