Solicitor: Poland Forest deed bars leasing of rights
POLAND
The village solicitor and an outside law firm said Tuesday that if council leased the mineral rights of the 265-acre Poland Municipal Forest to oil and natural-gas companies, it would violate terms of the forest’s deed.
More than 75 years ago, Grace Butler deeded the land to the village to serve as a natural preserve. A written letter dated March 16 from Atty. Alan D. Wenger of Harrington, Hoppe & Mitchell stated the following legal opinions:
The deed may prevent the village from using the property for oil and gas drilling.
The [Butler] heirs might seek enforcement of the restrictions in the deed, but the property would not revert back to the heirs.
It would be unlikely that the village would be liable if a lease were entered into, and a lessee or activities under a leased caused damages to surrounding properties.
Council members voted to attach the opinion to the meeting minutes so it is a part of official village records. Council did not approve any measures to outlaw drilling in the woods, saying it would adhere to the forest deed.
Village Solicitor Anthony D’Apolito elaborated on Wenger’s letter and said past cases indicate that leasing mineral rights of the forest would constitute a “commercial purpose” for the land, which is limited to “park purposes” in the deed.
If council did lease the mineral rights, it could open itself up to costly legal battles, he added.
“If any group tried to stop it [leasing of mineral rights], I think they would be successful,” D’Apolito said.
D’Apolito said as more cases related to mineral rights are decided, the precedent about restricted uses, such as park purposes, could change.
“This [letter] is as the law stands March 16, 2012, and it does not bind any future council to anything,” he said.
Dorothy Butler Facciobene, a descendant of Grace Butler, said her family wants to prevent any drilling in the forest.
“We are all opposed to this,” she said of leasing the mineral rights.
In related business, village resident Laurie LaPlante urged council to keep the ad hoc committee that was created at council’s meeting, even though leasing mineral rights of the forest is presently off-limits.
“If leasing other publicly owned land is still a consideration, the ad hoc committee is still valuable,” she said.
The village has about 25 acres outside the woods it could lease. Council did agree to keep the committee, and anyone interested in volunteering to serve on the committee should contact the mayor.