Guest Column

By Nancy Larrine Hoffmann

New York farmers are finding out that a law passed in 2005 gave the power of eminent domain to the gas industry, making it easier for them to obtain the rights to gas deep under our land.

It is just plain unconstitutional to give such power to a private industry, but the way the gas companies managed to get the law passed – in the dead of the night on the last day of session – offers a pretty good insight to the gas industry tactics when it comes to dealing with farmers.

The Compulsory Integration Law allows the gas companies, through their agents, the landmen, to obtain leases on all the land in a target area, called a spacing unit, after they have leased 60 percent. The remaining land is then “integrated” into the spacing unit.

The landowners get compensated, but at a rate below their neighbors who signed leases.

Who determines the spacing unit? The gas companies. As a fifth-generation Erie County farmer said last week at the New York Farm Show, “They are gerrymandering their districts, so they know who they can get to sign and hit the 60-percent mark.”

There are many examples of coercion: “Sign this, or I’ll get your gas anyway, and you won’t be paid as much.”

Sometimes the landmen just don’t want to talk to certain farmers at all, so they lease land around them and the Compulsory Integration Law finishes the job.

State lands are being leased for gas-drilling too. The same state that enacted the Compulsory Integration Law allows its state agencies to sign leases, triggering the 60-percent mark and forcing farmers into lease arrangements against their will.

Isn’t this a conflict of interests?

No other state in the nation has a law that treats farmers so disrespectfully. This must change!

Join with The Land Stewards of NY, farmers and other landowners, and demand repeal of the Compulsory Integration law. Enact a Landowner Bill of Rights to govern the conduct of the landmen, and require that gas companies disclose the true nature of horizontal gas drilling, including the chemicals used which might affect a farm’s water supply forever.

Establish a Compensation and Remediation Fund to address damage to private lands and municipalities that may occur as a result of gas drilling.

Farmers are the backbone of New York state, as well as the nation. We are still the number-one industry in our state. We should have been at the table, shaping policy in daylight, to find reasonable ways for gas drilling to take place.

The actions of the industry relative to our rights can only make us suspicious of everything they tell us now.

Blame also lies with our state government for enacting laws that allow practices which disrespect and take advantage of farmers. We are the Stewards of the Land. We pay taxes in amounts unimaginable for most people but use far few services than our urban and suburban neighbors.

Cities and towns in New York depend upon us. We manage our lands for the benefit of everyone. We protect the water safely drunk by people miles away.

Add your voice to the Land Stewards of NY, and tell our elected representatives in Albany that it is time for them to correct their bad mistakes. Tell them to show respect for the Land Stewards of New York.

For more information, visit landstewardsofny.org.

Former state Senator Nancy Larraine Hoffmann prepared this piece for the Feb. 28 edition of American Agriculturist. Hoffman served as state senator for 10 terms, serving as ranking minority member of the Agriculture Committee for 14 years until changing parties in l998, after which she served her final three terms as chairwoman. Hoffmann also served on the Environmental Conservation Committee during her full 10 terms.

Guest Column

By Nancy Larrine Hoffmann

New York farmers are finding out that a law passed in 2005 gave the power of eminent domain to the gas industry, making it easier for them to obtain the rights to gas deep under our land.

It is just plain unconstitutional to give such power to a private industry, but the way the gas companies managed to get the law passed – in the dead of the night on the last day of session – offers a pretty good insight to the gas industry tactics when it comes to dealing with farmers.

The Compulsory Integration Law allows the gas companies, through their agents, the landmen, to obtain leases on all the land in a target area, called a spacing unit, after they have leased 60 percent. The remaining land is then “integrated” into the spacing unit.

The landowners get compensated, but at a rate below their neighbors who signed leases.

Who determines the spacing unit? The gas companies. As a fifth-generation Erie County farmer said last week at the New York Farm Show, “They are gerrymandering their districts, so they know who they can get to sign and hit the 60-percent mark.”

There are many examples of coercion: “Sign this, or I’ll get your gas anyway, and you won’t be paid as much.”

Sometimes the landmen just don’t want to talk to certain farmers at all, so they lease land around them and the Compulsory Integration Law finishes the job.

State lands are being leased for gas-drilling too. The same state that enacted the Compulsory Integration Law allows its state agencies to sign leases, triggering the 60-percent mark and forcing farmers into lease arrangements against their will.

Isn’t this a conflict of interests?

No other state in the nation has a law that treats farmers so disrespectfully. This must change!

Join with The Land Stewards of NY, farmers and other landowners, and demand repeal of the Compulsory Integration law. Enact a Landowner Bill of Rights to govern the conduct of the landmen, and require that gas companies disclose the true nature of horizontal gas drilling, including the chemicals used which might affect a farm’s water supply forever.

Establish a Compensation and Remediation Fund to address damage to private lands and municipalities that may occur as a result of gas drilling.

Farmers are the backbone of New York state, as well as the nation. We are still the number-one industry in our state. We should have been at the table, shaping policy in daylight, to find reasonable ways for gas drilling to take place.

The actions of the industry relative to our rights can only make us suspicious of everything they tell us now.

Blame also lies with our state government for enacting laws that allow practices which disrespect and take advantage of farmers. We are the Stewards of the Land. We pay taxes in amounts unimaginable for most people but use far few services than our urban and suburban neighbors.

Cities and towns in New York depend upon us. We manage our lands for the benefit of everyone. We protect the water safely drunk by people miles away.

Add your voice to the Land Stewards of NY, and tell our elected representatives in Albany that it is time for them to correct their bad mistakes. Tell them to show respect for the Land Stewards of New York.

For more information, visit landstewardsofny.org.

Former state Senator Nancy Larraine Hoffmann prepared this piece for the Feb. 28 edition of American Agriculturist. Hoffman served as state senator for 10 terms, serving as ranking minority member of the Agriculture Committee for 14 years until changing parties in l998, after which she served her final three terms as chairwoman. Hoffmann also served on the Environmental Conservation Committee during her full 10 terms.

Guest Column

By Nancy Larrine Hoffmann

New York farmers are finding out that a law passed in 2005 gave the power of eminent domain to the gas industry, making it easier for them to obtain the rights to gas deep under our land.

It is just plain unconstitutional to give such power to a private industry, but the way the gas companies managed to get the law passed – in the dead of the night on the last day of session – offers a pretty good insight to the gas industry tactics when it comes to dealing with farmers.

The Compulsory Integration Law allows the gas companies, through their agents, the landmen, to obtain leases on all the land in a target area, called a spacing unit, after they have leased 60 percent. The remaining land is then “integrated” into the spacing unit.

The landowners get compensated, but at a rate below their neighbors who signed leases.

Who determines the spacing unit? The gas companies. As a fifth-generation Erie County farmer said last week at the New York Farm Show, “They are gerrymandering their districts, so they know who they can get to sign and hit the 60-percent mark.”

There are many examples of coercion: “Sign this, or I’ll get your gas anyway, and you won’t be paid as much.”

Sometimes the landmen just don’t want to talk to certain farmers at all, so they lease land around them and the Compulsory Integration Law finishes the job.

State lands are being leased for gas-drilling too. The same state that enacted the Compulsory Integration Law allows its state agencies to sign leases, triggering the 60-percent mark and forcing farmers into lease arrangements against their will.

Isn’t this a conflict of interests?

No other state in the nation has a law that treats farmers so disrespectfully. This must change!

Join with The Land Stewards of NY, farmers and other landowners, and demand repeal of the Compulsory Integration law. Enact a Landowner Bill of Rights to govern the conduct of the landmen, and require that gas companies disclose the true nature of horizontal gas drilling, including the chemicals used which might affect a farm’s water supply forever.

Establish a Compensation and Remediation Fund to address damage to private lands and municipalities that may occur as a result of gas drilling.

Farmers are the backbone of New York state, as well as the nation. We are still the number-one industry in our state. We should have been at the table, shaping policy in daylight, to find reasonable ways for gas drilling to take place.

The actions of the industry relative to our rights can only make us suspicious of everything they tell us now.

Blame also lies with our state government for enacting laws that allow practices which disrespect and take advantage of farmers. We are the Stewards of the Land. We pay taxes in amounts unimaginable for most people but use far few services than our urban and suburban neighbors.

Cities and towns in New York depend upon us. We manage our lands for the benefit of everyone. We protect the water safely drunk by people miles away.

Add your voice to the Land Stewards of NY, and tell our elected representatives in Albany that it is time for them to correct their bad mistakes. Tell them to show respect for the Land Stewards of New York.

For more information, visit landstewardsofny.org.

Former state Senator Nancy Larraine Hoffmann prepared this piece for the Feb. 28 edition of American Agriculturist. Hoffman served as state senator for 10 terms, serving as ranking minority member of the Agriculture Committee for 14 years until changing parties in l998, after which she served her final three terms as chairwoman. Hoffmann also served on the Environmental Conservation Committee during her full 10 terms.