Know Your Rights - Texas Mineral Law Discussions - GoHaynesvilleShale.com2024-03-28T20:10:20Zhttps://gohaynesvilleshale.com/group/knowyourrightstexasminerallaw/forum?feed=yes&xn_auth=noCan operator leave adubu out Texas Well plattag:gohaynesvilleshale.com,2013-07-18:2117179:Topic:30109602013-07-18T01:37:56.432ZSkip Peel - Mineral Consultanthttps://gohaynesvilleshale.com/profile/ilandman
<p>In Texas operator has plat for H shale well. The Plat is perfect Rectangular for better N/S lateral. They cut a 24 acres off a tract that deep rights control by another operator that will not deal with operator drilling new unit. These 24 acres stick out into the rectangular unitCan operator just leave the 24 acres out if not in drill site? Do there have to escrow royalties on the 24 acres? what happen to royalty owner of the 24 acres?</p>
<p>In Texas operator has plat for H shale well. The Plat is perfect Rectangular for better N/S lateral. They cut a 24 acres off a tract that deep rights control by another operator that will not deal with operator drilling new unit. These 24 acres stick out into the rectangular unitCan operator just leave the 24 acres out if not in drill site? Do there have to escrow royalties on the 24 acres? what happen to royalty owner of the 24 acres?</p> Texas HB100 Forced pooling bill very bad for Texas mineral ownerstag:gohaynesvilleshale.com,2013-03-10:2117179:Topic:28757242013-03-10T17:17:51.031Zintrepidhttps://gohaynesvilleshale.com/profile/intrepid
REQUEST YOUR STATE REPRESENTATIVE OPPOSE HB100.<br />
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The Forced Unitization Bill, HB 100, has been set for a hearing at the House Energy Resources Committee this Wednesday, March 13. This is an extraordinarily bad bill for landowners and mineral interest owners. As a land and mineral owner in Shelby County Texas I ask you to please vote NO on the HB 100. The bill would take away landowner rights when negotiating oil and gas leases in several different ways:<br />
<br />
FIVE REASONS THAT HB 100 IS BAD FOR…
REQUEST YOUR STATE REPRESENTATIVE OPPOSE HB100.<br />
<br />
The Forced Unitization Bill, HB 100, has been set for a hearing at the House Energy Resources Committee this Wednesday, March 13. This is an extraordinarily bad bill for landowners and mineral interest owners. As a land and mineral owner in Shelby County Texas I ask you to please vote NO on the HB 100. The bill would take away landowner rights when negotiating oil and gas leases in several different ways:<br />
<br />
FIVE REASONS THAT HB 100 IS BAD FOR LAND AND MINERAL OWNERS:<br />
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1. It only requires 70% approval of the total working interest, not working interest owners, which can eliminate any leverage small land owners may have to protect their interests. Meaning if 1 person owns large acreage that makes up 70% of the land in the unit, he can agree to pool even though 30 guys who own small lots don't want to.<br />
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2. It allows the Commission to issue a forced pooling order before the operator has ever asked the royalty interest owners for approval.<br />
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3. It leaves no real choice. If an owner makes the decision to not ratify the forced pooling order, the operator can withhold from the owner’s proceeds up to three times what the owner would have paid if he had ratified.<br />
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4. It gives wide discretion in how proceeds are distributed between landowners, allowing the use of any factors “as are reasonably susceptible of determination” when deciding what a tract’s fair share of the proceeds should be.<br />
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5. The current system of leasing oil and gas mineral interests has withstood the test of time for over 100 years. Things are working in Texas. Those who want this bill want to change the law so they can make more money and sacrifice private property rights at the same time.<br />
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I know many land and mineral owners, as I am, and I am convinced this bill will be very bad for Texas land and mineral owners, especially small mineral owners.<br />
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Please contact your Representative and ask them to oppose HB 100!<br />
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Check here for additional info:<a href="http://www.tlma.org/legislative.htm">http://www.tlma.org/legislative.htm</a> Looking for O&G attorney in Tyler areatag:gohaynesvilleshale.com,2012-07-24:2117179:Topic:26476372012-07-24T22:29:57.808ZDavehttps://gohaynesvilleshale.com/profile/DaveYakey
<p>I'm looking for a reasonably priced Oil & Gas or Real Estate attorney to help me with a mineral ownership issue. The minerals are in Smith county so I was looking for someone in the Tyler area. I cant spend a lot of money as the mineral interest is very small. Thanks fo any help.</p>
<p>I'm looking for a reasonably priced Oil & Gas or Real Estate attorney to help me with a mineral ownership issue. The minerals are in Smith county so I was looking for someone in the Tyler area. I cant spend a lot of money as the mineral interest is very small. Thanks fo any help.</p> Lease Language for Texastag:gohaynesvilleshale.com,2012-07-12:2117179:Topic:26269242012-07-12T02:46:28.410ZBoomerhttps://gohaynesvilleshale.com/profile/TomBaker
<p>I am trying to help my elderly aunt, who has 1 acre of mineral rights which is in an undivided interest of a 40 acre tract in Texas within the Haynesville shale. All the other relatives who have mineral rights in the 40 acres have signed the lease, but as she is out of state the lease was mailed to her to sign.</p>
<p></p>
<p>However, when I looked over the lease one thing that caught my attention is that in the main body of the lease the amount of royatly to be paid states only 1/8 several…</p>
<p>I am trying to help my elderly aunt, who has 1 acre of mineral rights which is in an undivided interest of a 40 acre tract in Texas within the Haynesville shale. All the other relatives who have mineral rights in the 40 acres have signed the lease, but as she is out of state the lease was mailed to her to sign.</p>
<p></p>
<p>However, when I looked over the lease one thing that caught my attention is that in the main body of the lease the amount of royatly to be paid states only 1/8 several times.</p>
<p><br/>Then in the Exhibit "A" attached to the lease it states this: It is understood and agreed that wherever "one-eighth" (1/8th) appears in Paragraph 5 of this lease "one-fourth" (1/4) shall be and is hereby substituted therefor.</p>
<p></p>
<p>I guess my question is, with conflicitng statements will this be a problem? In the end, what royalty will be paid to all who signed this lease. Will they get the 1/4 (25%) they think they are getting OR will they get the 1/8 (12.5%)? </p>
<p></p>
<p>Also, any advice as to if this is a a good "Cost Free Royalty" Clause which is in Exhibit "A" as provsion 2 below. Will all my relatives who signed this lease really get a cost free royalty they think they are getting or are there other hidden expense cost that will be deducted besides severance tax & production tax (what would the production tax relate to in Texas?)</p>
<p></p>
<p>There are only 6 provisions in Exhibit "A". They are below. How do they look? Any problems?</p>
<p></p>
<p>Exhibit "A" Provisions read:</p>
<p>1. It is understood and agreed that wherever "one-eighth" (1/8th) appears in Paragraph 5 of this lease "one-fourth" (1/4) shall be and is hereby substituted therefor.</p>
<p>(what royalty % will end up being paid?)</p>
<p></p>
<p>2. Lessor's royalty provided for herein shall be calculated on the gross proceeds from the sale of production at the point of sale, and not withstanding anything to the contrary contained herein, it is provided that payments to Lessor for Lessor's royalty share provided herein shall never be charged directly or indirectly with any ofthe expenses of producing, storing, separating, dehydrating, compressing, transporting or otherwise making oil, gas, liquid hydrocarbons, condensate or other fluids produced ready for sale. Notwithstanding the foregoing, Lessor's royalty will bear its share of all severance and production taxes. It is intended that the terms of this section or paragraph of this lease be controlling, and not merely surplusage under the principles set forth in Heritage Resources, Inc. v. Nations Bank, 939 S.W.2d 118 (Tex. 1996). Lessee or its assigns shall immediately reimburse Lessor for any charges as mentioned above that may have been charged in error. This paragraph will hold precedence over any Division Order executed on this lease.</p>
<p>(Is this really a cost free royalty or not?)</p>
<p></p>
<p>3. It is understood and agreed that this lease covers only oil, gas and associated hydrocarbons and does not cover iron ore, coal, lignite and gravel.</p>
<p></p>
<p>4. At the expiration of the Primary Term, or upon the cessation of continuous operations as provided for herein, whichever is the later date, this lease will terminate as to all depths below 100 feet below the stratigraphic equivalent of the deepest depth drilled in a vertical well drilled on the leased premises or on lands pooled therewith, or it will terminate as to all depths below the base of the deepest formation penetrated by a horizontal well drilled on the leased premises or on lands pooled therewith. </p>
<p>( Does this serve as a good Pugh Clause?)</p>
<p></p>
<p>5. At the expiration of the Primary Term, or upon the cessation of continuous operations as provided for herein, whichever is the later date, this lease will terminate as to all of the land lying outside the snrface perimeter of a pooled unit or units.</p>
<p></p>
<p>6. It is understood and agreed that Lessor warrants to defend title to said land against persons lawfully claiming same or any part thereof, by, through, or under Lessors, but not otherwise. </p>
<p>(I was a little concerned about this one ... should I be?)<br/>...................................................</p>
<p>Of course, the oil company has 20 provisons in the main body of the lease. And, I know the lease is always written to protect the oil company. But, will these 6 added provisions override any contray statements in the main body of the lease?</p>
<p><br/>This is all new to me and I am just trying to help my aunt as she can hardly read the lease, much understand it all. </p>
<p>I know it would be best to have an attorney look it over, but with only 1 acre of minearl rights I hate to advise my aunt to seek a lawyer.</p>
<p>The oil company has called her a couple times wanting to know when they will get the signed lease? Should I tell her to sign the lease with the 7 provisions in Exhibit " A" or not?</p>
<p>Or, are there any changes which should be made, if even possible at this point? I know it is too late for all the other relatives, but for my aunt are there any suggestions?</p>
<p>Thank you in advance for any advice I can share with her.</p> Production Sharing Agreementtag:gohaynesvilleshale.com,2012-07-10:2117179:Topic:26245752012-07-10T21:12:22.763ZC_Willihttps://gohaynesvilleshale.com/profile/ClintWilliamson
<p>Panola County -</p>
<p>We are being encouraged to sign a Production Sharing Agreement by Anadarko that will effect our minerals in Panola County in order to drill a Horizontal Haynseville Shale Well (these minerals have been HBP since the 40's with a 1/8 royalty and we do not want to reduce our revenue in a future well by increasing in unit size). Does anyone have any information, suggestions or history regarding these instruments? </p>
<p></p>
<p>More production will mean more money, but…</p>
<p>Panola County -</p>
<p>We are being encouraged to sign a Production Sharing Agreement by Anadarko that will effect our minerals in Panola County in order to drill a Horizontal Haynseville Shale Well (these minerals have been HBP since the 40's with a 1/8 royalty and we do not want to reduce our revenue in a future well by increasing in unit size). Does anyone have any information, suggestions or history regarding these instruments? </p>
<p></p>
<p>More production will mean more money, but mainly we are curious as to our negotiation leverage (if any) to gain a better royalty.</p>
<p></p>
<p>I was suggested to post this question here, thanks.</p> Carried Working Interest in Texastag:gohaynesvilleshale.com,2011-12-21:2117179:Topic:23001492011-12-21T04:04:45.913ZRayhttps://gohaynesvilleshale.com/profile/Ray286
<p>Here’s a hypothetical situation. Suppose there is a 90-acre undivided tract which is 2/3 leased ... with 1/3 holding out (30 net mineral acres).</p>
<p> </p>
<p>One operator has all the surrounding property leased ... and pools the 90 acres into a 360-acre pool ... then begins drilling wells ... NOT on the 90-acre tract with the holdout. If I understand the Texas law correctly, the 90-acre leased mineral owners will receive their proportionate share of royalties from all the pool wells ...…</p>
<p>Here’s a hypothetical situation. Suppose there is a 90-acre undivided tract which is 2/3 leased ... with 1/3 holding out (30 net mineral acres).</p>
<p> </p>
<p>One operator has all the surrounding property leased ... and pools the 90 acres into a 360-acre pool ... then begins drilling wells ... NOT on the 90-acre tract with the holdout. If I understand the Texas law correctly, the 90-acre leased mineral owners will receive their proportionate share of royalties from all the pool wells ... while the 1/3 holdout will receive nothing.</p>
<p> </p>
<p>But suppose this turns out to be a very good play ... and eventually the operator decides that the 90 acres is too valuable not to put a well on ... so they go ahead and drill a well on it ... and the 1/3 holdout becomes a carried working interest.</p>
<p> </p>
<p>What percentage of that well would the 1/3-holdout carried working interest own?</p>
<p>(a) .3333 (30 net mineral acres divided by the 90 undivided acres), or</p>
<p>(b) .0833 (30 net mineral acres divided by the 360-acre pool), or</p>
<p>(c) none of the above ... I don’t have a clue what I’m talking about.</p>
<p> </p>
<p>And how likely is the operator to pool, or drill on, the 90-acre undivided interest with the burden of 1/3 of it being unleased?</p>
<p> </p>
<p>Thanks for your insight!</p> How long can a operator hold lease after older well is shut-in? Question for Ben or anyonetag:gohaynesvilleshale.com,2011-11-28:2117179:Topic:22198162011-11-28T20:55:47.365Zadubuhttps://gohaynesvilleshale.com/profile/adubu
<p>A James Lime Well in East Texas drilled and produced for 9 years so HBP a 600 acre lease with this one well--- Well made < 150 mmcf of the 9 years and last production about 1500 mcf in month ~50 mcfd --- CHK came in and removed everythink off pad site about 6 weeks ago--leaving only the drill site with pipe with control valve--- I assume well shut-in. This was on a old standard 88 lease I understand but have not seen or read it. How long does operator have in time to notify all royalty…</p>
<p>A James Lime Well in East Texas drilled and produced for 9 years so HBP a 600 acre lease with this one well--- Well made < 150 mmcf of the 9 years and last production about 1500 mcf in month ~50 mcfd --- CHK came in and removed everythink off pad site about 6 weeks ago--leaving only the drill site with pipe with control valve--- I assume well shut-in. This was on a old standard 88 lease I understand but have not seen or read it. How long does operator have in time to notify all royalty owners if well is shut-in? How long in general can they HBP (Shut in) the well? In chance on getting release of lease in nothing done with in 90 days and what required to get them to release the lease ?</p> Production Reportstag:gohaynesvilleshale.com,2011-11-14:2117179:Topic:21988492011-11-14T04:54:16.892ZSherry Mobleyhttps://gohaynesvilleshale.com/profile/SherryMobley
<p>Can anyone tell me how to pull up multible and past production reports fron the TRRC. I have tried and I cant.</p>
<p>Can anyone tell me how to pull up multible and past production reports fron the TRRC. I have tried and I cant.</p> Are O&G lease forms copyrighted?tag:gohaynesvilleshale.com,2011-11-13:2117179:Topic:21977452011-11-13T04:35:23.561ZRayhttps://gohaynesvilleshale.com/profile/Ray286
<p>There are various sample lease forms floating around which don’t say they’re copyrighted. Does this mean you can use clauses or sentences from them ... or even use the entire lease form ... without worrying about copyright infringement?</p>
<p> </p>
<p>I’ve heard of a law firm using one of these samples found freely on the Internet -- i.e., the Earthworks “Texas Sample Oil & Gas Lease” -- with the notation that it is copyrighted by their law firm, with all rights reserved. How can they…</p>
<p>There are various sample lease forms floating around which don’t say they’re copyrighted. Does this mean you can use clauses or sentences from them ... or even use the entire lease form ... without worrying about copyright infringement?</p>
<p> </p>
<p>I’ve heard of a law firm using one of these samples found freely on the Internet -- i.e., the Earthworks “Texas Sample Oil & Gas Lease” -- with the notation that it is copyrighted by their law firm, with all rights reserved. How can they do this if they didn’t write it?</p>
<p> </p>
<p>And if you pay an attorney to do a lease for you, do you then own it ... in other words, can you use it, or parts of it, again for another lease ... or give it to others to use freely?</p> TRRC Production Reportstag:gohaynesvilleshale.com,2011-11-11:2117179:Topic:21939732011-11-11T01:57:36.662ZSherry Mobleyhttps://gohaynesvilleshale.com/profile/SherryMobley
<p>I have been sent instructions and really do not know why I cannot pull up production reports. Do you have to have a special program? I am looking for the Production reports on the Huskies DU 1H gas well in Shelbyville Texas. I need reports from Oct 2010 to now. Permit was issued June 17 2010. District 06 API Number 42-419-31603 Form W-1 Rec June 15 2010 County Shelby Horizontal New Drill 570.6 acres XTO Entergy 945936 New Drill T B Choate Survey Abstract#764 I also need records which I…</p>
<p>I have been sent instructions and really do not know why I cannot pull up production reports. Do you have to have a special program? I am looking for the Production reports on the Huskies DU 1H gas well in Shelbyville Texas. I need reports from Oct 2010 to now. Permit was issued June 17 2010. District 06 API Number 42-419-31603 Form W-1 Rec June 15 2010 County Shelby Horizontal New Drill 570.6 acres XTO Entergy 945936 New Drill T B Choate Survey Abstract#764 I also need records which I cannot find, on 2 Glen Heintschel gas unit wells No 1 and 2 Huxley 6100 field Linsey C Survey These 2 wells belonged to Hunt and now XTO. I need to go back to 2007 for production reports. I do not know how to go about this. These 2 wells PI 41931341 Permit # 667333 Op# 416540 RR ID 247599 for No2. And for No1 PI # 41931166 Permit#641281 OP# 416540 RR ID# 233544.County Road 2131 Shelbyville Tex They are pooled units. Every time I try to pull up production reports I fail. Is there actually a way to do this. HELP</p>