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Water utility company for now drops its bid to lift land restrictions
YOUNGSTOWN
A subsidiary of Aqua America has dropped its request to lift land restrictions on six acres near the Beachwood Estates subdivision, giving 39 landowners there who feared oil and gas drilling peace of mind for now.
The 39 property owners had been engaged in an awkward legal standoff with Aqua Infrastructure for more than three weeks. In July, they all received a court-issued summons notifying them that a response was required so a judge could make summary judgment to clarify an 83-year-old warranty deed that they control.
Although it isn’t entirely clear why the company filed a notice of voluntary dismissal in Mahoning County Common Pleas Court this week, an overwhelming majority of the 39 property owners listed in the summons were opposed to lifting any land restrictions on the property because they feared oil and gas drilling near the subdivision.
Since July 23, the group had been meeting almost regularly each week to discuss if they would stave off the company’s attempt to clear the restrictions. The group’s cause had become another bullet on a long list of growing concerns among the industry’s critics who fear the consequences of further oil and gas drilling as operations spread into urbanized areas.
“I told my sister, ‘I’ll shout when I get my papers,’” said Beachwood resident Susie M. Ford, speaking about the notice of dismissal she received in the mail Wed-nesday. “But I don’t believe for one minute they dropped the [complaint] because we were upset. They told T.J. that if this happens again, they’ll approach us individually.”
T.J. Rodgers, Youngstown’s 2nd Ward councilman who lives in the subdivision and was included in the summons, first gathered the group. Rodgers said he spoke with an Aqua representative who told him the request was not handled properly. Rodgers confirmed Ford’s comments by saying Aqua informed him that if any similar request was made in the future, the company would first reach out to him so a meeting could be arranged between both sides.
In 1930, Aqua’s predecessor, the Ohio Water Service Co., acquired the parcel in question from the farmer who owned it. The warranty deed — a document that transfers property from one party to another — included provisions that provided for clear access to the lake, its views and a ban on building on the property.
Aqua wanted the property cleared of any title defects so it could capitalize on the mineral rights it owns thousands of feet under the ground. Eric Petroleum, a local oil and gas company, had asked Aqua to clear the title so it could grant the lease to a larger exploration and production company.
Justin Pizzi, a spokesman for Aqua America in Pennsylvania, said it was never the company’s intention to upset property owners. He said the company voluntarily dismissed its request so it could have more time to re-evaluate the ways it could clear the warranty without disrupting the community.
“The company was looking at the issue and realizing this was not adequately communicated with the people in the area,” said Jeff La Rue, Aqua’s Ohio spokesman, “It caused unnecessary concerns, and we wanted to take a step back because this could have been done differently.”
La Rue added that it will ultimately be up to the company’s legal team to determine if it will continue with efforts to lift the land restrictions.
No drilling or development was planned on the 6-acre parcel. A typical Utica Shale well pad requires anywhere from 10 to more than 40 acres, but residents at Beachwood remain skeptical of what could happen near the subdivision in the future.
“At this moment, I definitely think there’s a possibility that this could all crop back up again,” Rodgers said. “I think everybody in the neighborhood is excited for the time being, but everyone understands this can all come back in the future. It’s not something we have to deal with today, though.”