Caveat emptor is Latin for "Let the buyer beware" Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing,
Most people going house shopping start off their list with the usual; number of bedrooms, extra bath facilities, garage, total floor space and a few other items that helps them "price" their potential new home. Not enough people look into the environmental threats that can make or break a house's worthiness for the price.
The potential for disaster from flooding and pollution are often not even considered as they're not as immediately obvious. Current research sparked by new energy seeking procedures like fracking for oil and gas are now being shown to have an incredible impact on a properties value, rendering some worthless after an accident by oil and gas workers.
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Showing posts with label Legal News. Show all posts
Showing posts with label Legal News. Show all posts
Friday, January 17, 2014
Friday, December 27, 2013
Latest Report of the Impacts of Shale Gas Development on the Housing Market
from an article by Marcellus Monthly: a project of the Thomas Merton Center
A new study of property values by Resources For the Future (RFF.org) quantifies what many skeptics knew in their bones: An unconventional gas lease is often just a first step toward giving up the property entirely, with or without financial compensation. The study of 1+ million home sales, over a 7-year period, finds that property values fall in proximity to nearby gas wells.
Even properties with producing wells, whose values reflect the expected streams of royalties, don’t maintain a price premium for long. (The study covered only single-family homes, so any effects of drilling on farming or on other uses of the property weren’t considered.) These findings complement anecdotal evidence and legal filings, which tell of fast production declines, short-changing on royalty payments, cancellations of homeowner insurance, and denial of mortgage loans to would-be buyers.
A new study of property values by Resources For the Future (RFF.org) quantifies what many skeptics knew in their bones: An unconventional gas lease is often just a first step toward giving up the property entirely, with or without financial compensation. The study of 1+ million home sales, over a 7-year period, finds that property values fall in proximity to nearby gas wells.
Even properties with producing wells, whose values reflect the expected streams of royalties, don’t maintain a price premium for long. (The study covered only single-family homes, so any effects of drilling on farming or on other uses of the property weren’t considered.) These findings complement anecdotal evidence and legal filings, which tell of fast production declines, short-changing on royalty payments, cancellations of homeowner insurance, and denial of mortgage loans to would-be buyers.
Sunday, December 22, 2013
PA Supreme Court Strikes Down Major Portions of Shale Drilling Law
Pennsylvania Supreme Court declared major provisions of the state’s Marcellus Shale drilling law, Act 13, unconstitutional Thursday, including one that allows gas companies to drill anywhere, overriding local zoning laws.
Monday, November 18, 2013
Wheeling Jesuit University Professor Ben Stout to testify on GreenHunter plant at WV Capitol Tuesday, Nov. 19th
Opposing views on the controversial proposed GreenHunter frackwater recycling and barge offloading facility near Wheeling will be presented at the West Virginia Legislature on Tuesday Nov. 19th.
Dr. Ben Stout, biology professor at Wheeling Jesuit University will testify before the Joint Legislative Oversight Commission on State Water Resources.
On the agenda is “Handling and Disposing of Hydraulic Fracturing Fluids”. John Jack, Vice President, GreenHunter Resources will testify prior to Dr. Stout.
DATE Nov. 19, 2013, Tuesday
TIME: 3:00 p.m. - 4:00 p.m.
LOCATION: House Government Organization Committee Room, located on the second floor of the East Wing (House of Delegates side of capitol)
COMMISSION CO-CHAIRS:
Senator John Unger Delegate Mike Manypenny
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Thursday, November 14, 2013
"Fracking Sites" pose a high risk of injuries from explosions!
West Virginia sits over the Marcellus Shale, a massive, ancient sediment mass that stretches under the surface of seven states. Obviously, the business of drilling for gas is inherently dangerous because of the risk of burns and other injuries from explosion and fire, but officials are also concerned about workers being exposed to dangerous chemicals.
>>> Full Story <<<
>>> Full Story <<<
Wednesday, November 13, 2013
A fracking accident by Exxon results in negative environmental effects
by Toby Forstater The TEMPLE News
XTO Energy Inc., a subsidiary of the gas giant Exxon Mobil Corp., has recently been fined $100,000 for criminal violations and is forced to clean up a 2010 wastewater spill caused by hydraulic fracking in Lycoming County, Pa. Pennsylvania Attorney General Kathleen Kane’s office announced Sept. 10 that the company will be prosecuted.
XTO is subject to three criminal counts under the Solid Waste Management Act and five counts of violating the Clean Streams Law.
Tuesday, November 12, 2013
Fracking Boom Gives Banks Mortgage Headaches
From an article in American Banker by Andy Peters
An East Coast oil boom has promised potential riches to lucky landowners. But the oil rush may cause big headaches for some unlucky banks.
At least three institutions — Tompkins Financial (TMP) in Ithaca, N.Y., Spain's Santander Bank and State Employees' Credit Union in Raleigh, N.C. — are refusing to make mortgages on land where oil or gas rights have been sold to an energy company.
An East Coast oil boom has promised potential riches to lucky landowners. But the oil rush may cause big headaches for some unlucky banks.
At least three institutions — Tompkins Financial (TMP) in Ithaca, N.Y., Spain's Santander Bank and State Employees' Credit Union in Raleigh, N.C. — are refusing to make mortgages on land where oil or gas rights have been sold to an energy company.
Saturday, November 9, 2013
W.Va. AG, eight others file amicus brief in U.S. SC opposing cross-state air pollution regulations
By JESSICA M. KARMASEK
CHARLESTON, W.Va. (Legal Newsline) — West Virginia Attorney General Patrick Morrisey announced Thursday that he and eight other state attorneys general have filed a brief in the U.S. Supreme Court opposing the federal Environmental Protection Agency’s new rule on cross-state air pollution.
Morrisey is leading the bipartisan group in authoring the brief. He noted that it is the first time — he believes — in two decades that a West Virginia attorney general has taken the lead in authoring a brief in the nation’s high court involving the EPA.
CHARLESTON, W.Va. (Legal Newsline) — West Virginia Attorney General Patrick Morrisey announced Thursday that he and eight other state attorneys general have filed a brief in the U.S. Supreme Court opposing the federal Environmental Protection Agency’s new rule on cross-state air pollution.
Morrisey is leading the bipartisan group in authoring the brief. He noted that it is the first time — he believes — in two decades that a West Virginia attorney general has taken the lead in authoring a brief in the nation’s high court involving the EPA.
Saturday, October 26, 2013
Fracking Activist Silenced for Doing EPA's Work
Vera Scroggins, a retired real estate agent and nurse's aide, was in Common Pleas Court for Susquehanna County, Pa., to explain why a temporary injunction should not be issued against her.
Before her were four lawyers and several employees of Cabot Gas and Oil, who accused her of trespassing and causing irreparable harm to the company that had almost $1 billion in revenue in 2012. They didn't want her on their property they owned or leased in the Marcellus Shale.

Before her were four lawyers and several employees of Cabot Gas and Oil, who accused her of trespassing and causing irreparable harm to the company that had almost $1 billion in revenue in 2012. They didn't want her on their property they owned or leased in the Marcellus Shale.

Friday, October 11, 2013
Fracking Company Sent Packing After Officials Tour West Virginia and Doddridge County in Particular
By Jane Mundy
Rockingham County, VA: Rockingham County had a problem. A hydro-fracking company had leased a swath of land. Residents were concerned that fracking for natural gas in their backyards would jeopardize their health, their water and land, and the local infrastructure. But the community rallied together and sent the oil and gas company packing.
How did they do it? Education is key, according to Chris Bolgiano, who refers to herself as a “mildly amusing nature writer.” She says that Carrizo, the oil and gas company that came to the area with a 2010 permit application to drill a natural gas well in Bergton, originally intended to drill in a small, pastoral area of the county.
“There had been gas drilling in these parts since 1935 and people thought they knew what gas drilling was all about,” says Chris, “so lots of people signed leases that allowed companies to drill on their land. These people thought a drilling rig would come in then pipe or truck the gas away. You could simply plant a tree in front of the well head and it wouldn't be seen. But times change.
Rockingham County, VA: Rockingham County had a problem. A hydro-fracking company had leased a swath of land. Residents were concerned that fracking for natural gas in their backyards would jeopardize their health, their water and land, and the local infrastructure. But the community rallied together and sent the oil and gas company packing.
“There had been gas drilling in these parts since 1935 and people thought they knew what gas drilling was all about,” says Chris, “so lots of people signed leases that allowed companies to drill on their land. These people thought a drilling rig would come in then pipe or truck the gas away. You could simply plant a tree in front of the well head and it wouldn't be seen. But times change.
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