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:
- 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.
- 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.
- 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.
- 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.
