SB 1302

Abstract

Amends the Illinois Drilling Operations Act. Provides that the Act also applies to coalbed methane (at present, oil and gas). Adds production of coalbed methane to the definition of "production operation". Provides that a drilling operator must give a surface owner 30 days written notice of the commencement of drilling and do so by certified mail (at present, 10 days) or by personal delivery (at present, 8 days). Provides for adequate compensation for damage to the surface owner and his or her tenant (at present, surface owner) for damage caused by the drilling operations and adds personal property to the list of compensable items. Provides that the operator shall pay the owner and his or her tenant for losses to agricultural income, land value, access, and improvements caused by drilling. Provides a crop valuation method. Provides that if the owner and operator do not agree on compensation, the owner may bring a legal action and if in the action the court awards a greater amount of compensation than the operator offered, the court shall award costs, interest on the compensation from the day drilling began, and attorney's fees for fair market value. Deletes the provision that provides that no attorney's fees can be recovered if the operator relies on a third party appraisal. Provides that electrical flow lines (at present, flow lines and other underground structures) must be buried below the surface. Effective immediately.