We are unleased mineral owners (not by choice as it was UNO when we purchased property) and need a lease. 3 new wells permitted to be drilled. Any advice

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Thank you Skip

There should be plenty of lease hound mineral vultures to sell to if you do not want to be a WI with CHK.  

Jay

Jay, I wish a lease hound would buy this Unleased acre. They all want leased acres and some want NO COST ROYALTY leases. Picky buyers.  On top of that THREE NEW WELLS were permitted and drilling just started so it will have a great return. I have been receiving checks for about 3 yrs. with monthly documentation

I view a small mineral interest very differently...at one acre, your interest is nothing more than a rounding error to the operator.  When EOG was pursuing the potential Goodland Lime play here in East Texas, I had a small mineral interest in their leasing area and held out for a 25% royalty, emphasizing that a 25% royalty was a long-established standard, and they agreed relatively quickly.

You don't need leverage when your interest is small in the great scheme of things...

Jay I have not found anyone to buy an unleased mineral property even though I have monthly documentation showing that we do get a small revenue for the past 4 yrs. There are 3 new wells permitted in this section so more value coming.

full name, you have an interesting definition of "light".  :-)  Thanks.

Since we already have a 25% lease with the same operator in this section, would an implied Favored Nation situation apply? Another operator told me it might

Never heard of an "implied" Most Favored Nation right.  Did the other operator explain how that might work?

I actually know of a situation where group leased for great leases in a section. Several people leased early for crummy leases. Operator came back in and upped the amount of original people who leased. Both small acreages. I mentioned this to a friend who is with another operator and he said it had to be under Favored Nation clause for that to occur. That was first time I had ever heard Favored Nation. I am wondering personally if the average lease of 25% is "implied" or accepted as average in an area where EVERYONE in that section is leased for that amount. In our case the tiny mineral amt. we have in one section was not leased because owner was so ill at time and in and out of hospital. It wasn't because he CHOSE not to lease. He was just passed over. 90% of people in that section were leased.

The royalty fraction is never implied in a lease, it is clearly stated.  Some mineral lessors with large acreage interests had most favored nation clauses.  And some had to file suit to get operating companies to honor them.  Most favored nation clauses are about as rare as hen's teeth.  The average lessor would not get one.

Maybe the Operator did that for public relations reasons.  It would be very unlikely that a Favored Nation clause would be involved.  I was in  a similar situation involving a servitude for an electric power line.  An elderly and uninformed distant relative took the original offer.  Subsequently after suit was filed,  all the other landowners in the area negotiated a much higher payment.  The power company paid him the same amount.  Obviously, it had no legal obligation to do so.

under most state laws, Favored Nation clauses are rarely, maybe never, implied.  If it is in writing, and from an authorized agent, then you have a good case.  There have been cases (and my knowledge in this area is VERY dated) where a verbal promise of bringing payments up to meet those paid later to another nearby owner can be sufficient leverage to get increased payments for prior contracts.  But, of course, the verbal promise may boil down to “he said, she said” cases.  The other issue, and courts like to ignore this one, is did the person making that promise (landman) have the authority to do so on behalf of the company they are representing.  

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