NORWICH – A private landowner informed Chenango County officials in late July that he would start litigation against the county for conspiracy to allow trespass if companies are premitted to conduct seismic testing along right-of-ways adjacent to his land.
Bradd Vickers, of County Road 19 in Preston, told officials to immediately stop testing along the right-of-ways on both sides of county roads 10A, 19 and the Barnes Road because such practices are without his consent.
“The county’s practices of issuing these illegal ‘permits’ must cease and desist immediately and the private parties whom have been issued these permits must be immediately notified that their permission to access these private lands through seismic testing has been revoked,” states the July 22 letter. (The Evening Sun obtained a copy of the correspondence via the Freedom of Information Act.)
In order to determine the best place to drill, natural gas companies contract with seismic testing firms that collect data on faults in the substrata up to 12,000 feet below the surface. Nornew, Inc. and other natural gas companies have been actively pursuing the energy source in several layers of rock, in particular, that which lies within the highly-publicized and prized Marcellus Shale which lies approximately 4,000 feet down.
The Chenango County Department of Public Works has regularly issued right-of-way permits according state law, Director Randy Gibbon has said. Gibbon is, however, honoring a recent request of the Agricultural, Buildings and Grounds Committee to inform town supervisors when roads are permitted.
Some towns, such as Norwich, Preston and New Berlin have passed local laws that require companies to request permission from nearby property owners before testing is permitted on town roads.
“The geophysical seismic testing done on the roadway (of which my property tax is paid from the center of the road) is an attempt in the obtaining of data that is downward and ‘OUTWARD’ and that outward data is being obtained from my property without my permission. It is a direct violation of my property rights,” Vickers’ letter states.
Vickers, who is also the president of the Chenango County Farm Bureau, said he could not discuss the pending lawsuit. However, he said it would be, if necessary, filed by a group of landowners.
“There are several lawyers in the state and nationally who are on this private property rights issue, and in many scenarios, not just natural gas exploration,” Vickers said.
County Attorney Rich Breslin said yesterday that the county had not changed its policy of issuing permits for seismic testing. Vickers said he had not received a response from the county.
Last month, Vickers said he had personally asked a testing rig to leave a Rt. 10A right-of-way. “They’ve been stopped in a number of places in the county,” he said.