If we do not own 100% mineral rights, but are executors to lease, then is this scenario legal: Arkansas/We were offered 1/8th RI and then an Assignment of 1/16 Override. That would give us more revenue, but it would cheat the non-participants out of revenue. Is this practiced in Ark. and is it legal? In Texas, the non-participants can sue the executors of the mineral rights over this. I hope I have explained it correctly, this is how I understood it. Thanks!

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Chatty,
I am interested to see the answers to this. Is this some Hunter Energy offering?
Arkansas has many different laws than LA relating to royalty and mineral owners. The nature of mineral rights in AR, where there is no prescription, the mineral owners may be absent, or even impossible to locate. Many times heirs of mineral rights are totally unaware of what the own.

Therefore, AR has developed legal remidies to these problems that would still allow for exploration of minerals. You will need follow KB's advice and consult with a LA oil and gas attourney.
I guess if the one doing it feels like it's cheating then it probably is somehow illegal.
KB,

I'm sorry, I disagree. They need to do what they know is RIGHT. They should not violate the responsibility that they owe (whether legally or morally) to the people they represent.

chattykb has already stated that it would CHEAT the other participants.
I agree with KB,

just beasuse its unethical, it does not mean its illeagal.

But, in my opinion, If you have to ask if its ok, its probaly not the right thing to do.
And, OK, I will answer my own question. Yes I believe it is a Hunter Energy offer.
As it was told to me, it was proposed by a Lessor to do it this way, not proposed by Hunter Energy. They agreed to do it. When I asked Hunter Energy about the legal aspects of it, they didn't know. It probably wouldn't come back on them anyway, just the Lessor.
Chatty,
Sorry, I thought you told me it was Hunter. I believe the comment is still on my page. Or maybe it was on a message. It was Hunter. I'm not talking about coming back on anyone, just tying to keep the facts straight.
Great stuff guy's. I might also add, while playing the devils advocate, that just because they dont have a problem doing something from a moral standpoint, doesnt mean it is legal either.

Before this is all said and done we will see many things that have taken place that were just as illegal as they were immoral.Whether or not justice is served will be something else altogether tho.

The parasitic nature that this play has helped bring to the surface, will cause ill feelings until the end of time. I will never be able to use the term "used car salesman" again and think that it still holds the same meaning that it once did. And before anybody blows a gasket, not all used car salesmen are in the same boat just as all landmen arent in the same boat either.
You sound like you are softning up snake.
Wow, I just got on to see if there were any replies to this. I'm not familiar with the term "fiduciary duties" mentioned here or even the roll of of "executor of mineral rights" or positive that's what we have. (Like I said, I'm just stating it as it was explained to me). In response to Jim71006 statement "I have no idea if it is legal or not, but I would hate to try to go to sleep at night knowing I had done that." That's exactly where I'm coming from. I don't want to do anything that's not fair or cheats someone. And to respond to intrepid "I guess if the one doing it feels like it's cheating then it probably is somehow illegal" That's the question being asked. I was told it's illegal in Texas, but it could be legal in Arkansas and an understood practice that people do with no reprecussions. Just a loop hole in the system that both parties understand. Either way, I had decided I wouldn't do it if it meant someone else not getting what could/should be coming to them. I'm not in need of the money and I never want to be greedy. I guess no one so far knows the legal aspects of it, just moral opinions (if it is in fact morally wrong or common practice) ; I don't really care enough to know the answer to seek a lawyer. I'm not going to accept the override and just lease as a royalty interest which the revenue can be shared with whoever in our past has some of those mineral rights. Thanks for all the postings!
Thanks! I believe in Jesus' teaching "it's better to give than to receive". For any non-christians I hope they live by the saying "what goes around comes around" and live a giving and serving life to others.

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