Not Logged In Log In   Sign Up   Points Leaders
Follow Us    10:41 PM

GasBuddy News Article

37
votes
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


Read the Full Article

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
Profile Pic
honda0105
Champion Author Tallahassee

Posts:22,172
Points:2,058,065
Joined:Nov 2008
Message Posted: Jul 11, 2012 6:58:27 AM

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

Posts:11,371
Points:2,524,325
Joined:Aug 2005
Message Posted: Jul 10, 2012 8:52:05 AM

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

Posts:12,605
Points:1,198,100
Joined:Apr 2011
Message Posted: Jul 10, 2012 8:47:51 AM

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

Posts:8,911
Points:2,557,415
Joined:May 2006
Message Posted: Jul 10, 2012 5:50:26 AM

Interesting dilemma...
Profile Pic
NHLiveFree
Champion Author New Hampshire

Posts:13,483
Points:2,054,875
Joined:Jun 2008
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?????????????????
Profile Pic
LetemEatCake
Champion Author Oklahoma City

Posts:5,705
Points:1,360,915
Joined:Mar 2008
Message Posted: Jul 9, 2012 10:22:19 PM


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

Posts:9,187
Points:1,892,375
Joined:Jan 2009
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.
Profile Pic
Cheepo
Champion Author Tampa

Posts:11,954
Points:3,566,015
Joined:Apr 2003
Message Posted: Jul 9, 2012 12:24:28 PM

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

Posts:4,559
Points:1,097,000
Joined:Mar 2011
Message Posted: Jul 9, 2012 12:14:05 PM

Love BIG OIL.
Profile Pic
EMoe57
Champion Author Jacksonville

Posts:6,689
Points:1,459,110
Joined:Apr 2009
Message Posted: Jul 9, 2012 10:38:07 AM

Sounds like a mess
Profile Pic
Wanda127
Champion Author Florida

Posts:4,497
Points:1,357,035
Joined:May 2010
Message Posted: Jul 9, 2012 9:53:28 AM

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

Posts:2,925
Points:615,050
Joined:Oct 2009
Message Posted: Jul 9, 2012 9:33:31 AM

i wish you the best of luck
Profile Pic
Agarre
Champion Author Richmond

Posts:1,730
Points:351,940
Joined:Feb 2012
Message Posted: Jul 9, 2012 9:22:12 AM

Ok
Profile Pic
stopforgas
Champion Author Mississippi

Posts:2,204
Points:809,745
Joined:Jun 2011
Message Posted: Jul 9, 2012 9:12:42 AM

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

Posts:806
Points:410,335
Joined:Sep 2006
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.
Profile Pic
melvindale
Champion Author Michigan

Posts:1,438
Points:351,230
Joined:Jun 2011
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.
Profile Pic
coughlin
Champion Author San Jose

Posts:6,662
Points:1,446,210
Joined:Sep 2009
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.
Profile Pic
Old Timer
Champion Author Akron

Posts:5,787
Points:1,697,210
Joined:Sep 2003
Message Posted: Jul 9, 2012 8:43:42 AM

Interesting
Profile Pic
bart_reed
Champion Author Los Angeles

Posts:6,114
Points:1,233,790
Joined:Mar 2011
Message Posted: Jul 9, 2012 8:42:54 AM

Nothing like the legal system.
Profile Pic
QualTekGuy
Champion Author Illinois

Posts:4,169
Points:1,135,155
Joined:Feb 2007
Message Posted: Jul 9, 2012 8:40:18 AM

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

Posts:806
Points:410,335
Joined:Sep 2006
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
Profile Pic
LoadToad
Champion Author San Diego

Posts:1,364
Points:1,298,045
Joined:Sep 2005
Message Posted: Jul 9, 2012 8:39:20 AM

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

Posts:5,991
Points:1,474,595
Joined:Aug 2005
Message Posted: Jul 9, 2012 8:37:24 AM

Drill, baby, drill ...

Profile Pic
TheMeltz
Champion Author Maryland

Posts:2,176
Points:910,090
Joined:Feb 2009
Message Posted: Jul 9, 2012 8:33:27 AM

ok
Profile Pic
drpepperTX
Champion Author Texas

Posts:12,605
Points:1,198,100
Joined:Apr 2011
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.

Profile Pic
snarkysmarko
Champion Author Baltimore

Posts:3,964
Points:979,110
Joined:Nov 2010
Message Posted: Jul 9, 2012 8:30:51 AM

Get over it, man.
Profile Pic
NO_SWEAT
Champion Author Toronto

Posts:6,322
Points:1,500,525
Joined:Jul 2008
Message Posted: Jul 9, 2012 8:28:44 AM

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

Posts:5,456
Points:1,186,315
Joined:Jan 2011
Message Posted: Jul 9, 2012 8:28:03 AM

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

Posts:2,554
Points:691,690
Joined:Jun 2011
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.
Profile Pic
Jizme
Champion Author Lincoln

Posts:12,003
Points:3,353,305
Joined:Oct 2004
Message Posted: Jul 9, 2012 8:27:18 AM

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

Posts:311
Points:110,145
Joined:Mar 2012
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.
Profile Pic
porotito
Champion Author Houston

Posts:2,276
Points:614,855
Joined:Dec 2010
Message Posted: Jul 9, 2012 8:26:39 AM

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

Posts:15,121
Points:1,638,065
Joined:Dec 2009
Message Posted: Jul 9, 2012 8:26:01 AM

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

Posts:3,824
Points:1,803,285
Joined:Mar 2008
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!!!
Profile Pic
RetFireLT
Champion Author Kentucky

Posts:2,660
Points:172,035
Joined:Mar 2011
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.
Profile Pic
INBwana
Champion Author Indiana

Posts:10,951
Points:1,143,940
Joined:Apr 2011
Message Posted: Jul 9, 2012 8:25:12 AM


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

Posts:5,681
Points:1,187,990
Joined:Feb 2011
Message Posted: Jul 9, 2012 8:25:08 AM

Ok
Profile Pic
Grizzy227
Champion Author Pennsylvania

Posts:3,342
Points:894,475
Joined:Nov 2010
Message Posted: Jul 9, 2012 8:24:28 AM

OK
Profile Pic
ModelWarships
Champion Author Missouri

Posts:7,144
Points:1,529,055
Joined:Jul 2008
Message Posted: Jul 9, 2012 8:23:52 AM

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

Posts:9,819
Points:2,738,750
Joined:Aug 2004
Message Posted: Jul 9, 2012 8:23:40 AM

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

Posts:6,360
Points:1,467,450
Joined:Nov 2008
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....
Profile Pic
stpatrickbday
Champion Author Albuquerque

Posts:2,589
Points:770,250
Joined:Mar 2011
Message Posted: Jul 9, 2012 8:22:57 AM

ok.
Profile Pic
twiper1
Champion Author San Diego

Posts:9,866
Points:2,049,995
Joined:Oct 2008
Message Posted: Jul 9, 2012 8:22:35 AM

go get the big guys
Profile Pic
goalie1950
Champion Author Phoenix

Posts:8,529
Points:1,744,090
Joined:Oct 2009
Message Posted: Jul 9, 2012 8:22:18 AM

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

Posts:6,003
Points:1,491,065
Joined:Dec 2008
Message Posted: Jul 9, 2012 8:22:08 AM

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

Posts:4,042
Points:770,425
Joined:Feb 2010
Message Posted: Jul 9, 2012 8:22:08 AM

yikes! he needs a bigger share
Profile Pic
Garston
Champion Author Maine

Posts:2,421
Points:473,765
Joined:Jul 2011
Message Posted: Jul 9, 2012 8:21:55 AM

good.
Profile Pic
DrZNY
Champion Author Albany

Posts:4,191
Points:1,091,655
Joined:Jan 2009
Message Posted: Jul 9, 2012 8:21:54 AM

A landowner should have some rights!
Profile Pic
V8power
Champion Author Pennsylvania

Posts:4,940
Points:1,827,200
Joined:Oct 2005
Message Posted: Jul 9, 2012 8:20:46 AM

Interesting case.
Profile Pic
BigZ1959
Champion Author Cincinnati

Posts:5,774
Points:1,884,450
Joined:Oct 2008
Message Posted: Jul 9, 2012 8:19:53 AM

down
Post a reply Back to Topics