WATCH (in Horror): Cops Kick Family Off Their OWN PROPERTY So Big Oil Can Drill

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Top Tier Gear USA

Screenshot 2017-01-30 at 1.52.13 AM

by Claire Bernish

Brookwood, AL — A Brookwood, Alabama, couple is facing a fight all too familiar to the Standing Rock Sioux Tribe in North Dakota, after a Tuscaloosa County Sheriff’s Deputy served them a restraining order prohibiting them from entering parts of their own property — because Big Oil wants to drill there.

Kenneth and Loretta Kennedy have battled Black Warrior Methane Corporation for years in an attempt to preserve the integrity of their land and stop crews from drilling — but this injunction forbids the couple from interfering with the company’s operations — on their own property.

According to local CBS 42, which witnessed the Kennedys being served the injunction, this battle over the 163 acres they purchased 27 years ago stretches all the way back to 2011:

“Black Warrior Methane has been working on a drilling operation beneath the Kennedys’ land, which the couple says has ruined the property that stretches across more than 100 acres.”

That drilling, they say, has ruined the property — the Kennedys used to draw water from several wells, but Black Warrior Methane’s operations have contaminated that supply.

For 25 years, you had good drinking water,” Kenneth Kennedy, jug of murky brown water in hand, told CBS 42, and all of a sudden it starts smelling like rotten eggs.”

As local NBC affiliate WVTM reports,

“A few months ago, he says Black Warrior Methane Corp. approached him to drill on his land to remove dangerous methane gas 2,000 feet below in an untapped coal mine.

“If the gas is not removed, it could put miners at risk and potentially cause the mine to explode, according to Kennedy, who is a retired mine worker.”

Grasping that the company had plenty of funds at its disposal — and would likely try to undercut the worth of their land — the Kennedys attempted to negotiate a reasonable price for access.

When negotiations failed, Black Warrior Methane sued the Kennedys for rights to their property, arguing it has and holds all of the rights of way, easements, waiver of damage and permission to conduct drilling operations, and reservation of mineral and mining rights.”

CBS 42 reports Black Warrior Methane claims in its complaint the couple doesn’t actually own the mineral rights to their property — rather, the company does and has for decades. But the Kennedys, having purchased the land nearly three decades ago, don’t understand the company’s logic.

We bought the property. It’s paid for,” Loretta Kennedy asserted. And then we don’t have a right to say who can come on it and who can’t? That don’t make sense to me at all.”

To the State of Alabama, however, the couple’s views their property is their own is a moot point — by law, any company possessing the mineral rights to someone’s land has permission to drill underground without the owner’s approval.

Although Mr. Kennedy reluctantly concedes the company might have the right to drill on his land, but firmly believes he should be compensated accordingly.

Black Warrior Methane says in its complaint, according to CBS 42, an effort was made to pay the Kennedys.

This battle over who owns the land, who has the right to pillage it for resources, and who should be responsible if drinking water is contaminated, has come into sharp focus over the past year — particularly under the lens of treaty rights in the Standing Rock Sioux’ battle in North Dakota.

What the Kennedys face might be a microcosm of that fight, but Big Oil has surreptitiously used the U.S. government’s eminent domain to seize land rights under the guise of critical energy infrastructure — despite that intentions to export extracted and piped oil for profit would have nothing to do with breaking America of its dependence on foreign supply.

Loretta Kennedy summarized the sentiments of those fighting the oil and gas industry, asking,

“If I don’t want them here, why are they here?”

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  • Donna Ross

    Looks like they were the idiots that need to go look up MINERAL RIGHTS! There are several states that allow the sale of Mineral Rights under a property. If they don’t like it, then figure out how to change the law and compensate those that bought the mineral rights off the previous owners!

  • Nailbanger

    Let freedom ring,,,
    Only way we will ever be free again is if we get off our asses and start eradicating those who would put us under their thumb

  • GAZOO

    Corporations are psychotic. Just watch the documentary The Corporation.

  • Dow Jones

    USSA is a corpofascist sewer? Gee I’m shocked, I tell you, shocked.
    Let’s see what Prez Trump does for this family and people like them being terrorized by corporate scumbags. Don’t hold your breath.

  • Mike

    time for some militia to take care of business.

  • G’ma G

    So sad when people do not read the deeds to their land. I am a huge private property rights advocate and have won some battles against local government. It has helped that I put my land back into patent status a few years ago. The county knows it can’t press me too much or I will remove the property from the tax roles and teach my neighbors how to do the same. I’ve taken some flack from others who say that will just increase the tax burden on others. Well, yeah, as long as they remain spineless and don’t stand up.

    • landy fincannon

      Is this the same as an “allodial” title? If you’re having to pay taxes, how do you own it. Otherwise teach your neighbors

      • G’ma G

        Bringing the patent forward is what the process is called and yes this is a big step in returning your land to allodial title. You also have to have it free of any bank lien (mortgage) where we have contracted to pay the property tax.
        This is always a bit of a sticky wicket for me. I do believe in paying my share for roads, emergency services, etc. and property tax is an easy way to do it. So I didn’t take the land off the property roles lightly. It was a result of the county going too far when it issued an order, yes an actual written order, to contract with them to put in a septic system. We are off-grid and organic. We have no waste to put in a septic system so have no need for one in the first place. The county threatened to condemn my land as a public nuisance. I dared them to try so I could rip them apart and sue them up the wazoo for fraud and harassment since there is not one single complaint and they have zero evidence that what we are doing is having any impact on the public, good or bad.
        Cheers

        • landy fincannon

          Congratulations! I applauded you ! Having the courage to confront the county is a rare thing. Please share any further victories

          • G’ma G

            Well, there’s the rub. I won the battle with the health department but am currently fighting a criminal conviction for attempting to read a redress of grievances to the traffic court judge. It’s looking bleak. The state appeals court flat out rejected (their word) my arguments without any conclusions of law. Among the arguments rejected is that the United States Constitution is the Supreme Law of the Land and prohibits government from criminalizing the peaceful exercise of rights. You will be amused to know that the Prosecutor himself put on the record at the sentencing hearing “He did not harm anyone. It was not a violent crime. No property was stolen.” So if I didn’t harm anyone or their property why am I being sent to jail for a year as a senior citizen with no prior criminal history? You can see why this case is being used to set a very bad precedent.

          • landy fincannon

            You Sir/ Madam.are an inspiration!

            I don’t know if this will be of any help. You seem to have done your research

            Pamela Gaston , wrote a small pamphlet called ” sui jurist ” Which shows how to represent yourself. There may be some information that you could gleam from it. Her main point was to make sure you get everything on record.

            If your at all interested you can google ” office of person” @ Barefoots World. I hope this will be of help and iI’ll be praying for you

          • landy fincannon

            What state are you in, if you don’t mind me asking ?

          • G’ma G

            Cheers to you my friend from Washington state.

  • varlog

    If the mining company owns the mineral rights they are SOL, and the mining company has done nothing against the law. Land owners want compensation, but I bet that land would have been more expensive if they had bought it originally with the mineral rights. They never owned them, there is no compensation.

    I’ve passed on property before because mineral rights were no included. The minerals in the ground belong to that company and they have the right to recover them if the want. If this guy is a retired mine worker he should have know better, and also should know what it means to not own the mineral rights.

    But the drinking water issue is a different story.
    They shouldn’t be allowed to ruin the water.

  • mayday911us.

    Every state is different every county or parish is different. On the law of mineral rights of the property you purchased or own. Some states on the mineral rights of everybody’s property. So if you mine gold it’s the state Gold.

    What it also comes down to is in the purchase agreement was mineral rights included in the Property.

    • roddy6667

      People need to read the paperwork they sign. If they can’t understand it, they need a lawyer to explain it to them.Most of this article is trying to make heroes out of the ignorant.

      • mayday911us.

        Yes they do but destroying the water on the property that they use. I haven’t done any research on it but there needs to be legal recourse for them.