We are still huddled in the corner of my home, watching the 2007 version of myself speak with Ben about our new neighbor, Marcellus Shale. Although I already know what transpires during this conversation, my passengers only hear me from 2007 speaking. So they only hear my side of the conversation …

ME: “…New neighbor …” “…Leasing for what?”  “… You’re going too fast.” “…What exactly is Unconventional Fracking?” “…Why the concern,” “…OMG.”

There were worried whispers amongst the passengers, who anxiously awaited my explanation. I motioned to my 2007 self to put the phone on speaker so the passengers could find out about the next piece of bad news.

Ben: “Ya know that beautiful meadow adjacent to the playground right by our development?”

ME: “Sure. What about it?”

Ben: “It’s up for grabs, and so is the Country Club, which is not even a quarter of a mile down the street.”

ME: “Up for grabs? How can that be? Who owns the land? How would it be leased? Can’t something be done?”

Ben: “As for the meadow, which is owned by the Township, our Commissioners decide what can and cannot be built based on Zoning ordinances. When there is a request to use land for an unconditional use, the Township’s engineers, attorneys, and Planning Commission are consulted.”

ME: “What about the citizens? Don’t we have a say?”

Ben: “Sort of. One or more public hearings are required. Although poorly advertised, public hearings allow the community to comment, ask questions, or even protest the plan, but eventually, the Commissioners make the final decision.”

ME: “And what about the Country Club?”

Ben: “Ah, yes. The Club. It was granted unconditional use years ago before it was built. So, in that case, it’s up to the  Club’s Board. They are the decision-makers on behalf of their members.

ME: “So the greater community has no say in what the Country Club decides to do with its land?”

BEN: “Right! Be prepared, ’cause this gold rush is not simple, and I guarantee it will get increasingly complicated.”

ME: “Like how?”

BEN: “For instance, you probably don’t realize that most landowners only own the surface rights to their land and not what’s underneath.”

ME: “I don’t understand.”

BEN: “When you purchase a home and the surrounding land, you typically only acquire the rights to the land’s surface. However, the gas/oil industry is interested in what lies beneath the ground—specifically, the mineral rights. These mineral rights are usually retained by the original landowner. So, unless you are the original landowner, it’s unlikely that you own the mineral rights. Furthermore, the situation can be even more challenging because the industry can compel property owners to allow access to these minerals without needing a signed lease.

ME: “How can that be?”

BEN: “I told you it’s complicated. Let’s say Mr. Smith, who owns five acres of land, agrees to lease his property to a gas/oil company. The company wants to extend its drilling horizontally beyond Mr. Smith’s land. If they can’t get the other landowners to lease their surface rights, it doesn’t matter. The company will just drill horizontally under Mr. Smith’s neighbor’s homes since those neighbors don’t own the mineral rights – even if they resist participating.”

ME: “I can only imagine the problems this can create between neighbors. They have already quarreled about where recycling and trash pickups should be located. This really is an OMG situation. What should I do?”

BEN: “I’ll be on the lookout for the public hearing meeting date and let you know when it is. Gather as many neighbors as possible so we can begin to strategize.”

ME: “I’ve never been to a public hearing. What do you mean strategize?”

BEN: “I used to go to many public hearings while practicing law. You need to understand that each person only gets three to five minutes to speak. I’ve seen a lot of folks repeating the same concerns over and over. It’s tiring and often fruitless. Then, some try to cram everything into their short time allotment. They talk so fast it’s hard to keep up. Plus, there are always a few angry individuals, and I’ve witnessed meetings where people became so hostile that the police had to remove them. This is why it’s critical to have a strategy.”

ME: “OK. Wow! Can you give me some ideas on what to do?”

BEN: “First, learn as much as you can about public hearings. A great resource is www.environmentalintegrity.org. Now,  listen, here’s the best example I have ever seen of a community that got its strategy right. After forming their core group, they held several meetings to discuss concerns and chose a good writer to draft a detailed response. After reviews and edits, they turned the written response into a video presentation, with each slide designed to be read within the three-minute limit. Each citizen read a single slide one by one until the whole presentation was completed. This way, their entire case was presented succinctly and organized.”

ME: “Ah ha, I get it. Public hearings limit how long each speaker can talk but not the number of speakers. That’s a lot to organize. Especially getting a core group of participants. Everyone is too busy in their lives to worry about such matters. Here we simply leave it up to the elected officials. Obviously, this is more serious than an easement for a wider driveway or a home addition.”

The passengers, most of whom had never attended any of their Township’s monthly meetings, much less a public hearing, were aghast. I decided not to stick around to hear more since I already knew what was coming, and no-one needed further agitation.

“ME: “OK, Passengers, we’ve heard enough to know that this bad situation will worsen. Time to move on since Quinn and Wish are still waiting across the street. We won’t be able to solve the inevitable until we get to what the inevitable is so let’s get out of here NOW.”

Stay tuned to learn more …