Understanding Forced Pooling Laws in Marshall and Ohio Counties

If you own land in Marshall or Ohio County, you may have heard of “forced pooling.” But what does it mean—and how could it impact your land?

What Is Forced Pooling?
 It’s when a drilling company is allowed to extract gas from your land—even if you didn’t agree—because enough of your neighbors signed leases.

Why It’s Important in Marshall & Ohio Counties:
 These counties are heavily drilled, and pooling applications are increasingly common. You could be added to a drilling unit without your full consent.

What You Can Do:

  • Attend the state Oil and Gas Conservation Commission hearing
  • Challenge the terms or seek better compensation
  • Negotiate surface use protections even if pooling is approved

Persinger & Persinger helps landowners understand and respond to forced pooling actions so they’re not left out of the conversation—or the compensation.

Note: This content is for informational purposes only and does not constitute legal advice.

 Protecting Your Property During Pipeline Construction in Pleasants County

Pleasants County landowners are seeing more pipeline easement requests than ever before. These agreements may seem simple—but they have long-lasting consequences.

What Can Go Wrong?

  • Construction damage to farmland or timber
  • Permanent roads built without your consent
  • Erosion or drainage problems that lower land value

Your Rights as a Landowner:

  • You can negotiate the location and terms of pipeline construction
  • You can require restoration or compensation for damages
  • You can refuse the offer if the terms aren’t right

Persinger & Persinger works with landowners in Pleasants County to negotiate strong easement agreements that preserve the value and integrity of their property.

Note: This content is for informational purposes only and does not constitute legal advice.

How to Track and Audit Your Oil & Gas Royalties in Harrison and Wetzel Counties

If you’re receiving royalties from oil and gas wells in Harrison or Wetzel County, how do you know if the payments are correct?

Warning Signs:

  • Sudden drops in payments without explanation
  • Vague or missing payment records
  • Royalty deductions for costs not listed in your lease

Why This Matters Locally:
 Many landowners in these counties are underpaid or not paid at all—especially when companies transfer ownership of the wells.

How to Protect Yourself:

  • Request full production statements
  • Compare payments to lease terms
  • Have your royalties independently audited

Persinger & Persinger helps landowners identify royalty underpayments and fight for the compensation they’ve earned.

Note: This content is for informational purposes only and does not constitute legal advice.

How Serious Injuries Are Handled Differently in Putnam County Personal Injury Cases

Courts in Putnam County take serious injury cases very seriously—especially when lifelong consequences are involved.

Types of Serious Injury Claims:

  • Traumatic brain injury
  • Spinal cord injury or paralysis
  • Amputation or permanent disability

Why Legal Representation Matters More:
 These cases require expert medical testimony, long-term damage estimates, and aggressive legal strategy.

Persinger & Persinger helps injury victims in Putnam County present strong claims with full documentation and expert support to ensure fair outcomes.

Note: This content is for informational purposes only and does not constitute legal advice.

Coal Miner Injury Claims in Logan and Mingo County: What You Need to Know

Coal mining is central to the economies of Logan and Mingo Counties—but it remains one of the most dangerous jobs in the country.

Common Coal Mining Injuries:

  • Crush injuries from cave-ins or equipment
  • Lung disease from coal dust exposure
  • Burns or explosions from gas buildup

What You Can Do:

  • File a workers’ comp claim
  • Seek third-party claims if equipment was defective
  • Pursue long-term medical benefits for permanent damage

Persinger & Persinger represents injured coal miners in southern WV and helps ensure they get full access to compensation—not just what the company wants to pay.

Note: This content is for informational purposes only and does not constitute legal advice.

What to Do After a Car Accident in West Virginia

What to Do After a Car Accident in West Virginia

Car accidents can be overwhelming. Whether you’re dealing with a minor collision or a major crash, the steps you take immediately afterward can significantly impact your health, finances, and any future legal claims.

After a Crash

  • Check for injuries and call 911
  • Exchange contact and insurance information
  • Take photos and notes at the scene
  • Seek medical attention, even if you feel okay
  • Notify your insurance company

It’s also important to avoid making any statements that could be used against you later. Even a simple “I’m sorry” can be misinterpreted as an admission of fault. If you’re unsure about what to do next or how to protect yourself legally, it may be time to speak with someone who can guide you through the process.

Note: This article is for informational purposes only and does not constitute legal advice. Contact Persinger & Persinger to discuss the details of your situation.

What Every Landowner in Tyler and Wetzel Counties Should Know Before Signing a Gas Lease

If you own property in Tyler or Wetzel County, you’ve probably been approached by an oil and gas company about leasing your mineral rights. This area is a hub of Marcellus Shale development, making it a high-interest target for energy companies.

Before signing anything, it’s critical to know exactly what the lease means—and how it can affect your land and income for years to come.

Key Lease Issues to Watch For:

  • Royalty Clauses: Are deductions allowed? How is payment calculated?
  • Surface Use Rights: Can the company place roads, pipelines, or tanks on your land?
  • Environmental Protections: Is there any language that protects your water supply or farmland?
  • Shut-In Clauses: These can let companies hold your lease indefinitely without drilling.

Why This Matters Locally:
 Energy development in Tyler and Wetzel is booming. Unfortunately, many leases are drafted by company lawyers—not for your benefit. Local landowners need local legal help to review, negotiate, and enforce fair lease terms.

Persinger & Persinger helps landowners across northern West Virginia protect their land and financial interests before signing away mineral rights.

Note: This content is for informational purposes only and does not constitute legal advice.

Industrial Accidents in McDowell and Wyoming County: Who’s Liable?

Heavy industry in McDowell and Wyoming Counties creates jobs—but also serious risk. When accidents happen, liability can go beyond workers’ comp.

Common Scenarios:

  • Equipment failure
  • Chemical exposure
  • Falls from heights or scaffolding

When Third-Party Liability Applies:
 If a contractor, equipment manufacturer, or site owner contributed to your injury, you may be able to file a separate personal injury claim.

Persinger & Persinger investigates industrial accidents to uncover every avenue for compensation beyond what your employer may offer.

Note: This content is for informational purposes only and does not constitute legal advice.

What Happens If a Drilling Company Damages My Property?

In West Virginia, oil and gas development is a major industry—but it can come with real consequences for property owners. If a drilling company damages your land, buildings, or water supply, it can be difficult to know what your rights are or how to get fair compensation.

Here’s a breakdown of what landowners should understand when dealing with property damage caused by mineral or energy operations.

Drilling Companies Can Be Held Liable for Damage

Even if a company has the right to access your land for mineral extraction, that doesn’t give them a free pass to cause harm. They are still legally obligated to use “reasonable care” and minimize disruption to the surface.

Common types of damage include:

  • Ruts or erosion from heavy equipment
  • Damaged fencing or outbuildings
  • Contaminated water sources from spills or runoff
  • Soil degradation
  • Excessive noise or light pollution

If a company fails to prevent avoidable damage—or ignores proper restoration—there may be grounds for a legal claim.

What Landowners Can Do When Damage Occurs

If your property has been affected by drilling activity, here are steps you can take:

  1. Document the Damage: Take detailed photos and videos. Make notes of when the damage occurred and how it has affected your use of the property.
  2. Request Restoration or Compensation: Reach out to the company directly and ask for repairs, cleanup, or payment. In many cases, companies will resolve issues without legal involvement if there’s clear evidence.
  3. Review the Lease: If there is a surface use agreement or lease in place, it may include terms that require the company to restore the land or pay for damages.
  4. Consult an Attorney: If the company denies responsibility or fails to act, legal help may be needed to pursue fair compensation.

Legal Tools for Landowners

A lawyer can help you take several legal approaches to address the issue, such as:

  • Negotiating a settlement with the company for repairs or financial compensation
  • Filing a civil lawsuit for property damage, trespass, or nuisance
  • Pursuing environmental claims if contamination or pollution is involved

Every situation is different, but with experienced legal guidance, you don’t have to accept damage to your land as the cost of doing business.

Drilling companies are required to act responsibly when operating on or near private land. If your property has been damaged, Persinger & Persinger can help you explore your options, build a case, and negotiate for the outcome you deserve.

Note: This article is intended for informational purposes only and does not constitute legal advice. For assistance with property damage or surface rights issues, contact Persinger & Persinger directly.

How to Avoid Probate in West Virginia

For many families, probate is a process they’d rather avoid. It can be time-consuming, expensive, and emotionally draining—especially during an already difficult period. In West Virginia, there are legal strategies that can help your loved ones bypass probate and settle your affairs more efficiently.

Whether you’re starting your estate plan or revisiting an existing one, here’s what to know about avoiding probate and simplifying what happens after you’re gone.

What Is Probate and Why Do People Try to Avoid It?

Probate is the court-supervised process of validating a will, paying off debts, and distributing assets. While it’s a necessary step in many estates, it can have some downsides:

  • Delays: Probate can take months, sometimes over a year.
  • Costs: Filing fees, legal costs, and executor expenses can add up.
  • Public Record: Probate filings are public, which means details about your estate become accessible to anyone.

By using certain planning tools, you can reduce what goes through probate—or eliminate the need for it altogether.

Common Strategies to Avoid Probate in West Virginia

  1. Revocable Living Trusts
     A living trust allows you to transfer assets to a trust during your lifetime. You still control them, but when you pass away, the successor trustee can distribute them directly to your beneficiaries—without going through probate.
  2. Transfer-on-Death (TOD) or Payable-on-Death (POD) Designations
     Many financial accounts, including bank accounts and investment portfolios, allow you to name a beneficiary. These assets pass directly to the named person when you die, bypassing the court.
  3. Joint Ownership with Right of Survivorship
     When property (like a home or vehicle) is owned jointly with someone else, it typically passes automatically to the surviving owner.
  4. Beneficiary Designations on Retirement Accounts and Life Insurance
     Make sure your designations are up to date. These assets go directly to the named beneficiaries and not through probate.
  5. Small Estate Affidavit
     If the estate is valued under a certain threshold, West Virginia allows heirs to claim assets using a simplified process, skipping formal probate. This is subject to certain limitations and only applies in qualifying cases.

Potential Pitfalls to Watch Out For

While probate avoidance can be helpful, it’s not foolproof. Some common mistakes include:

  • Failing to title assets properly in a trust
  • Forgetting to update beneficiary designations after life changes
  • Leaving out significant assets that still require probate

Working with an estate planning attorney can help ensure your plan actually works the way you intended.

If you want to make things easier for your loved ones and avoid unnecessary delays and costs, Persinger & Persinger can help you explore the best probate avoidance strategies for your specific situation.

Note: This article is intended for informational purposes only and does not constitute legal advice. For help creating or reviewing your estate plan, contact Persinger & Persinger to learn how we can assist you.