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Program looks at seismic tests, shale contracts

SLIPPERY ROCK TWP — A landowner considering a contract to allow seismic testing or a Marcellus Shale natural gas pipeline on his or her property should have the agreement reviewed by a lawyer, said Dan Brockett a Penn State Marcellus team educator.

“These things are so immensely complicated,” Brockett said.

Brockett and Jon Laughner, also a Penn State Marcellus team educator, spoke Thursday night at the Slippery Rock Township building about the agreement process for seismic testing and pipelines. The informational session for land owners was sponsored by the Penn State Extension. About 50 people attended.

A seismic image is a look below the Earth’s surface. It is done by sending sound waves into the ground to bounce off rock layers. The wave is created by vibrations or detonating a charge.

In many cases, companies doing seismic testing hope to sell the information to gas companies. In every case, the testing involves a lot of heavy equipment and people.

“You’ll see people on your property from sun up to sun down,” Laughner said.

When signing a contract for seismic testing, landowners should consider what areas they want to be off-limits to workers, Laughner said. Most contracts also say that the company will remove all of its equipment, as well as cables and stakes. However, Laughner said that equipment is sometimes missed.

“I think you may have to check on it,” he said.

As long as the landowner stipulates a setback from his water well, seismic testing should not affect the well. Additionally, Laughner recommended stipulating a water well yield test.

“It does not seem to be a problem for our water wells,” Laughner said of seismic testing.

Most importantly, Laughner said land owners need to have a written agreement, not a verbal one.

“Whatever you say at that table ain’t no good unless it’s on paper,” Laughner said.

He said that landowners should not sign anything that they do not understand, and they should get names and phone numbers for people to contact in the future.

If a company is claiming eminent domain for a pipeline, the landowner should be aware that eminent domain does not apply to Marcellus Shale gas pipelines, Brockett said.

He added landowners should take an active role in negotiations.

“You can’t be passive in the business,” Brockett said.

The first step in laying a pipeline is setting a right of way size. Brockett said this is important because the right of way is permanent.

The second step is planning the route. Brockett said this usually starts when a landowner signs an agreement, but sometimes the company starts mapping a property before an agreement is signed. In this case, it is acceptable for the owner to approach workers and tell them to get off his property.

However, Brockett said he would not sign an agreement without knowing exactly what the route looks like, so he recommends owners interested in allowing a pipeline on their property let the company map it.

Brockett said that contracts usually do not come with an insurance requirement for the company, but he said that landowners should get one in their contract.

He said a good lawyer will make sure that a contract contains a hold harmless clause, making sure the landowner is not responsible for the company’s actions.

Brockett said that landowners should not feel pressured to sign.

“You should not sign an agreement until you are perfectly comfortable with the agreement,” Brockett said.

Although the pipeline company will not concede to everything, Brockett said land owners should try to get as many reasonable stipulations as possible.

“Ask for everything you can get,” Brockett said.

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