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FOR IMMEDIATE RELEASE |
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State
Rep. Mike Hanna |
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Hanna bill would protect landowners’ rights, secure compensation
HARRISBURG, Feb. 26 – State Rep. Mike Hanna, D-Clinton/Centre, has reintroduced legislation (H.B. 2227) that would compensate property owners for surface damage caused by exploration or drilling for oil or gas.
The bill would allow landowners to seek compensation from drilling companies for any structure, ground surface or vegetation damage. In order to receive reimbursement, the landowner would have to file a damage claim with the project supervisor outlining the extent of damage and the estimated cost of repair.
“We’re trying to protect landowners from having to absorb the costs of damages to their property when they have no say in drilling rights,” Hanna said. “This bill would give them recourse if contractors fail to adequately repair drilling sites.”
Hanna said the legislation was necessary because some landowners do not have ownership of their property’s mineral rights, which can be bought and sold separately from land. Some homeowners are unaware that they don’t own mineral rights and are surprised that drillers can come onto their land without prior notice and without having to follow set guidelines for cleanup or restoration.
If the parties could not reach a consensus on any of the terms in the damage claim within six months of the claim notice, the landowner would be able to file a claim with the state Department of Environmental Protection. If DEP were to find that the contractor owes the landowner for damages, the contractor would have six months to appeal the decision or repair or pay for the damages.
Hanna first introduced the legislation during the 2005-06 legislative session. The bill is currently in the House Environmental Resources and Energy Committee.