Replies to This Discussion

landownerPermalink Reply by sesport on July 30, 2008 at 18:06

Just moving this back to the top again as it relates to the "Wish List" discussion. I know these sound like rural issues, but those of us around city limits will see some of this I'm sure. Thanks go to all who shared their experiences here.

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Permalink Reply by Tim Boyet R3 on July 31, 2008 at 9:54

Well we are at a standoff. They offered $3200 per acre my attorney countered with
$4200. They say they are not going any higher but we will see. Of course they stated they did not have to wait to build the road and could start today. We will wait and see if they will offer anymore. Seems rather hardnose to expect me to accept the first offer. I will keep the updates coming.

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landownerPermalink Reply by insomniacnla on July 31, 2008 at 10:33

Tim,

I was just re-reading your posts here and the comment the o/g company made to you that they could start building their road today.

Does the o/g company already have an existing lease with you that granted them surface rights to your land? Or are they stating that they will build the access road on another landowner's property?

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Permalink Reply by Tim Boyet R3 on July 31, 2008 at 14:20

Yes It is leased until November unless they get the well into production
before then. At the time my Aunt had power of attorney over my Grandmother and signed the first piece of paper they put in front of her.
Really a crappy lease that I hope and pray will expire. I have tried to check and so far I can not see that a permit has been issued.

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landownerPermalink Reply by insomniacnla on July 31, 2008 at 14:50

Has your attorney given you an opinion on whether the existing lease has already given the o/g company the right to build their right of way?

Also, some leases will grant surface use but only for any wells in the same section.

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Permalink Reply by Tim Boyet R3 on July 31, 2008 at 15:02

Yes they can start without an agreement. Which means if they will not compromise I will have to file suit.

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landownerPermalink Reply by Bobi Carr ("parker") on August 1, 2008 at 13:12

JW is pretty hard nosed. I met with them to discuss where they would put a pipeline on my property (5-6 years ago). After we had agreed on a location, they proceeded to put it where they wanted it in the first place. I was subject to an existing lease, and didn't fare very well even with an attorney.

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landownerPermalink Reply by Bobi Carr ("parker") on August 1, 2008 at 14:30

Hi Tim,

What is the lenght and width of the road they are proposing.

Is it pasture they are crossing?

Is it for a well that you will be in the unit?

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Permalink Reply by Tim Boyet R3 on August 1, 2008 at 14:43

The road will take 1.92 acres and it is pasture with cattle and the well will be in my section but just across my property line

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Permalink Reply by Mark on July 31, 2008 at 10:35

In the effect that your lease may have livestock, have them install cattleguards, for each gate location. This will eliminate the problams with cattle getting out and getting lost or dead. Second, that frac pond will have whatever is used in fracturing the well, i.e., gelling agents, friction reducers, clay stabilizers, etc.. Make sure they put fences around the well and/or pond!!!

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Permalink Reply by Kassi on August 1, 2008 at 13:16

This is why people need to make sure their mineral leases state the land owner may refuse surface access for any reason. Surface rights should be negotiated seperately and on more responsible terms. The standard lease gives the O&G company all the rights and the land owner virtually none. One lease out there even says they can build housing for their employees on your property.

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landownerPermalink Reply by Bobi Carr ("parker") on August 1, 2008 at 13:41

Even after the bad experience that I have had, I think the lease should state that surface rights are reserved but cannot be unreasonably withheld.

There has to be some give and take here. We don't want them to be unreasonable getting into our wallet, we shouldn't be unreasonable getting into theirs either.

How can they drill a well without access?

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