BAKERSFIELD, Calif. -- Gene Roberson wants to build houses on land he owns, but Chevron also wants to use that property to drill for oil. Both sides say they have rights to the 40 acres off North Chester Avenue.

Roberson is the developer who envisions lots for 100 homes on the property, and he owns the surface rights. Chevron has bought the mineral rights under the property, and they want to put two test wells on the land.

"We were going along with this, and I almost had it completed, when I was contacted by Chevron that they want to drill," Roberson said.

The developer said he's just wrapping up final street and grading plans.

The property is east of North Chester, and some large homes in newer neighborhoods lie to the south. To the east, there's a field dotted with oil pumping units.

Roberson said his 40 acres are zoned residential, and there is a "drill island" along the east side of the property.

"They own the drill island," Roberson said. "What's wrong with the drilling on it?"

A drill island is supposed to be property where an oil company can put a well down at a slant to reach the minerals under nearby land.

Chevron spokesman Roger Christy said directional drilling won't work for the test wells the company wants on the property.

"The data would be skewed by having a directional well," Christy said. "So we can't drill directionally off-site for the collection wells."

Chevron would use the data from the test wells to decide if they want to drill more wells. Christy said those other wells could also not be drilled from the island.

"If there is future development on the type of oil field we have there, and the type of development, it won't work from that off-site location," he asserted.

That leaves Roberson with plenty of questions and frustration.

"If they put 20 wells in there, there's no place to build a house," he said.

Chevron's Christy said that is the exact dispute.

"I understand that," Christy said. "The conflict is we own the mineral rights, and have access to these mineral rights. And we still have to have access to that land."

Chevron has asked for a two-year temporary conditional use permit so they can drill the two test wells. That request goes to the Kern County Planning Commission later this month.

Roberson told the county planning department he's already invested hundreds of thousands of dollars to design and prepare the property.

"Everything is basically ready to go," Roberson said.

The developer said if Chevron is allowed to put in the test wells, his time and investment are lost.

"I think it would put me in a position of having about 40 acres of worthless property," he said.