The debate over the forced pooling legislation — HB 2688 — will come to a head on Saturday, the last day of the West Virginia 2015 legislative session.
The bill, written by oil and gas interests, would, under certain circumstances, force a reluctant landowner to sell their mineral rights — effectively eminent domain for private corporations — passed the House of Delegates last week by a vote of 60 to 40. Morgan County Delegates Daryl Cowles (R) and Saira Blair (R) voted against the bill.
But Senator Charles Charles Trump (R-Morgan), chairman of the Senate Judiciary Committee, ushered the bill through his committee earlier this week — with Trump supporting the legislation.
The bill is scheduled to be voted on today in the Senate, but then must be reconciled with the House and voted on again by both houses by midnight tomorrow.
Given the relatively close vote in the House, observers say it’s a toss up whether the bill will become law by midnight tomorrow.
The bill has split the Republican coalition, with property rights defenders voting against.
A group calling itself the West Virginia Property Rights Coalition, is airing 60 second radio ads statewide. (Listen to radio ad here.)
“Are you a property owner?” the ad asks. “The West Virginia State Senate is voting on HB 2688 that is going to allow another private landowner to take your property.
“That’s right. Even if you do not want to sell your property, these our of state private interests could take it.”
“In America, we have constitutional property rights. And HB 2688 violates out property rights. Today, it’s minerals. And tomorrow, will it be your farm or your house?
“It is your property. And you should decide whether you want to sell it or not.”
“House bill 2688 is wrong. Government should not allow private companies eminent domain powers. HB 2688 is wrong. If you believe in property rights, call Senator Bill Cole at 304.357.7801 and tell him to vote no on HB 2688. Taking your property for another may be okay in Russia, but not in America.”
The capitol building is swarming with oil and gas lobbyists pushing for the bill.
But only one lobbyist, Tom Susman, is working against it.
Susman says he’s never heard of the West Virginia Property Rights Coalition, the group sponsoring the radio ad.
Susman says he represents a group of property owners near New Martinsville, West Virginia who are opposed to the bill.
“We have a capitalistic society,” Susman says. “This bill is not capitalism. This is socialism.”
Because the Senate has amended the bill, it will have to return to the House on Saturday if it passes the Senate.
Susman is hoping that members of the House who voted for it will have “voter’s remorse” and vote against it on Saturday.