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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

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honda0105 Champion Author Tallahassee Posts:18,623 Points:1,609,520 Joined:Nov 2008	Message Posted: Jul 11, 2012 6:58:27 AM Ignore honda0105 Report Abuse Good luck sorting this out...
FuelBarge Champion Author Long Island Posts:9,200 Points:2,076,290 Joined:Aug 2005	Message Posted: Jul 10, 2012 8:52:05 AM Ignore FuelBarge Report Abuse Sound like he is going to lose.
drpepperTX Champion Author Texas Posts:8,945 Points:752,210 Joined:Apr 2011	Message Posted: Jul 10, 2012 8:47:51 AM Ignore drpepperTX Report Abuse Hmmmm...The guy took $63,000 from XTO, how is this "stealing his land" NHL???
remay Champion Author Houston Posts:6,963 Points:2,117,390 Joined:May 2006	Message Posted: Jul 10, 2012 5:50:26 AM Ignore remay Report Abuse Interesting dilemma...
NHLiveFree Champion Author New Hampshire Posts:11,092 Points:1,622,370 Joined:Jun 2008	Message Posted: Jul 9, 2012 10:48:57 PM Ignore NHLiveFree Report Abuse 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 Posts:5,596 Points:1,204,730 Joined:Mar 2008	Message Posted: Jul 9, 2012 10:22:19 PM Ignore LetemEatCake Report Abuse Thanks for all of your great comments!
PDQBlues Champion Author San Diego Posts:7,074 Points:1,448,325 Joined:Jan 2009	Message Posted: Jul 9, 2012 5:17:27 PM Ignore PDQBlues Report Abuse I wish him and the other citizens the best to maintain their rights in these times of corporate takeovers.
Cheepo Champion Author Tampa Posts:9,889 Points:3,128,005 Joined:Apr 2003	Message Posted: Jul 9, 2012 12:24:28 PM Ignore Cheepo Report Abuse They can drill on my land and give me the royalties!!!!!
md11capt Champion Author Denver Posts:3,558 Points:710,730 Joined:Mar 2011	Message Posted: Jul 9, 2012 12:14:05 PM Ignore md11capt Report Abuse Love BIG OIL.
EMoe57 Champion Author Jacksonville Posts:4,617 Points:1,016,040 Joined:Apr 2009	Message Posted: Jul 9, 2012 10:38:07 AM Ignore EMoe57 Report Abuse Sounds like a mess
Wanda127 Champion Author Florida Posts:2,499 Points:915,005 Joined:May 2010	Message Posted: Jul 9, 2012 9:53:28 AM Ignore Wanda127 Report Abuse It will be interesting to see how this turns out.
daquanabe Champion Author Houston Posts:1,818 Points:373,900 Joined:Oct 2009	Message Posted: Jul 9, 2012 9:33:31 AM Ignore daquanabe Report Abuse i wish you the best of luck
Agarre Champion Author Richmond Posts:1,335 Points:263,785 Joined:Feb 2012	Message Posted: Jul 9, 2012 9:22:12 AM Ignore Agarre Report Abuse Ok
stopforgas All-Star Author Mississippi Posts:996 Points:480,955 Joined:Jun 2011	Message Posted: Jul 9, 2012 9:12:42 AM Ignore stopforgas Report Abuse Good luck getting the Supremely Perverse Court to support you.
chvytruk All-Star Author Kentucky Posts:771 Points:377,785 Joined:Sep 2006	Message Posted: Jul 9, 2012 8:53:40 AM Ignore chvytruk Report Abuse 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 Posts:1,438 Points:351,230 Joined:Jun 2011	Message Posted: Jul 9, 2012 8:47:16 AM Ignore melvindale Report Abuse 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 Posts:5,185 Points:1,117,865 Joined:Sep 2009	Message Posted: Jul 9, 2012 8:43:49 AM Ignore coughlin Report Abuse Cain, or a previous owner, made a deal with the devil ... and now he wants out.
Old Timer Champion Author Akron Posts:3,737 Points:1,262,040 Joined:Sep 2003	Message Posted: Jul 9, 2012 8:43:42 AM Ignore Old Timer Report Abuse Interesting
bart_reed Champion Author Los Angeles Posts:3,974 Points:785,630 Joined:Mar 2011	Message Posted: Jul 9, 2012 8:42:54 AM Ignore bart_reed Report Abuse Nothing like the legal system.
QualTekGuy Champion Author Illinois Posts:3,066 Points:733,850 Joined:Feb 2007	Message Posted: Jul 9, 2012 8:40:18 AM Ignore QualTekGuy Report Abuse Why do they have to drill on his land to get his neighbors' gas?
chvytruk All-Star Author Kentucky Posts:771 Points:377,785 Joined:Sep 2006	Message Posted: Jul 9, 2012 8:39:22 AM Ignore chvytruk Report Abuse "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 Posts:1,364 Points:1,298,045 Joined:Sep 2005	Message Posted: Jul 9, 2012 8:39:20 AM Ignore LoadToad Report Abuse A pipeline is one thing, but wells are something else.
rick_evans Champion Author Boston Posts:3,725 Points:1,033,730 Joined:Aug 2005	Message Posted: Jul 9, 2012 8:37:24 AM Ignore rick_evans Report Abuse Drill, baby, drill ...
TheMeltz Champion Author Maryland Posts:2,169 Points:640,975 Joined:Feb 2009	Message Posted: Jul 9, 2012 8:33:27 AM Ignore TheMeltz Report Abuse ok
drpepperTX Champion Author Texas Posts:8,945 Points:752,210 Joined:Apr 2011	Message Posted: Jul 9, 2012 8:32:04 AM Ignore drpepperTX Report Abuse 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 Posts:3,072 Points:688,230 Joined:Nov 2010	Message Posted: Jul 9, 2012 8:30:51 AM Ignore snarkysmarko Report Abuse Get over it, man.
NO_SWEAT Champion Author Toronto Posts:4,340 Points:1,078,940 Joined:Jul 2008	Message Posted: Jul 9, 2012 8:28:44 AM Ignore NO_SWEAT Report Abuse Farmer getting greedy, expecting a bumper crop all the time.
abacus44 Champion Author Toms River Posts:3,477 Points:747,680 Joined:Jan 2011	Message Posted: Jul 9, 2012 8:28:03 AM Ignore abacus44 Report Abuse Not the use spelled out in the easement.
twinfanMN Champion Author Minnesota Posts:1,623 Points:455,955 Joined:Jun 2011	Message Posted: Jul 9, 2012 8:27:44 AM Ignore twinfanMN Report Abuse 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 Posts:9,881 Points:2,905,475 Joined:Oct 2004	Message Posted: Jul 9, 2012 8:27:18 AM Ignore Jizme Report Abuse If this guy owns the land, he also owns everything below the land also.
ag4ever Veteran Author Houston Posts:311 Points:106,995 Joined:Mar 2012	Message Posted: Jul 9, 2012 8:27:05 AM Ignore ag4ever Report Abuse 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 Posts:2,150 Points:579,685 Joined:Dec 2010	Message Posted: Jul 9, 2012 8:26:39 AM Ignore porotito Report Abuse We all have opinions regarding gas...
jdhelm Champion Author Iowa Posts:11,856 Points:1,198,890 Joined:Dec 2009	Message Posted: Jul 9, 2012 8:26:01 AM Ignore jdhelm Report Abuse I agree with the farmer in this case
TFowler513 Champion Author Memphis Posts:3,824 Points:1,413,860 Joined:Mar 2008	Message Posted: Jul 9, 2012 8:25:32 AM Ignore TFowler513 Report Abuse 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 Posts:2,660 Points:171,185 Joined:Mar 2011	Message Posted: Jul 9, 2012 8:25:30 AM Ignore RetFireLT Report Abuse 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 Posts:5,457 Points:695,985 Joined:Apr 2011	Message Posted: Jul 9, 2012 8:25:12 AM Ignore INBwana Report Abuse What next? Good money for the Lawyers.
Caribou2011 Champion Author Ohio Posts:3,761 Points:767,860 Joined:Feb 2011	Message Posted: Jul 9, 2012 8:25:08 AM Ignore Caribou2011 Report Abuse Ok
Grizzy227 Champion Author Pennsylvania Posts:1,796 Points:485,875 Joined:Nov 2010	Message Posted: Jul 9, 2012 8:24:28 AM Ignore Grizzy227 Report Abuse OK
ModelWarships Champion Author Missouri Posts:5,795 Points:1,232,085 Joined:Jul 2008	Message Posted: Jul 9, 2012 8:23:52 AM Ignore ModelWarships Report Abuse another huffing and puffing post story. Not real news.
dopster Champion Author Toledo Posts:7,275 Points:2,292,250 Joined:Aug 2004	Message Posted: Jul 9, 2012 8:23:40 AM Ignore dopster Report Abuse Does this guy have a right to control his own property or not?
olebufnav Champion Author Omaha Posts:3,976 Points:1,023,230 Joined:Nov 2008	Message Posted: Jul 9, 2012 8:23:22 AM Ignore olebufnav Report Abuse One poor farmer vs. Big Oil. Once he may have had a chance, but in this world of Big Brother....
stpatrickbday Champion Author Albuquerque Posts:1,526 Points:567,425 Joined:Mar 2011	Message Posted: Jul 9, 2012 8:22:57 AM Ignore stpatrickbday Report Abuse ok.
twiper1 Champion Author San Diego Posts:7,832 Points:1,606,060 Joined:Oct 2008	Message Posted: Jul 9, 2012 8:22:35 AM Ignore twiper1 Report Abuse go get the big guys
goalie1950 Champion Author Phoenix Posts:6,410 Points:1,296,420 Joined:Oct 2009	Message Posted: Jul 9, 2012 8:22:18 AM Ignore goalie1950 Report Abuse Good luck with this ruling. Maybe they should go see Judge Judy.
scrossi Champion Author Indiana Posts:3,884 Points:1,048,490 Joined:Dec 2008	Message Posted: Jul 9, 2012 8:22:08 AM Ignore scrossi Report Abuse It's a shame but you are probably right the3rd.
mswillia Champion Author Milwaukee Posts:2,632 Points:572,130 Joined:Feb 2010	Message Posted: Jul 9, 2012 8:22:08 AM Ignore mswillia Report Abuse yikes! he needs a bigger share
Garston Champion Author Maine Posts:2,421 Points:473,765 Joined:Jul 2011	Message Posted: Jul 9, 2012 8:21:55 AM Ignore Garston Report Abuse good.
DrZNY Champion Author Albany Posts:2,559 Points:823,285 Joined:Jan 2009	Message Posted: Jul 9, 2012 8:21:54 AM Ignore DrZNY Report Abuse A landowner should have some rights!
V8power Champion Author Pennsylvania Posts:2,816 Points:1,379,995 Joined:Oct 2005	Message Posted: Jul 9, 2012 8:20:46 AM Ignore V8power Report Abuse Interesting case.
BigZ1959 Champion Author Denver Posts:3,758 Points:1,463,225 Joined:Oct 2008	Message Posted: Jul 9, 2012 8:19:53 AM Ignore BigZ1959 Report Abuse down