Unleased mineral owners with Chesapeake production and no payments - GoHaynesvilleShale.com2024-03-29T07:09:23Zhttps://gohaynesvilleshale.com/forum/topics/unleased-mineral-owners-with-chesapeake-production-and-no?commentId=2117179%3AComment%3A3949488&xg_source=activity&feed=yes&xn_auth=noSkip wrote: "When a mineral…tag:gohaynesvilleshale.com,2020-12-15:2117179:Comment:39492512020-12-15T05:24:51.480ZBob Zimmermanhttps://gohaynesvilleshale.com/profile/BobZimmerman
<p>Skip wrote: "When a mineral tract is force pooled in a unit, I don't think there is recourse for subsurface trespass. Use of the surface for unit operations would constitute trespass."</p>
<p>LRA 30:10(A)(b) states "<span>The portion of the production allocated to the owner of each tract included in a drilling unit formed by a pooling order shall, when produced be considered as if it had been produced from his tract by a well drilled thereon".</span></p>
<p><span>I've been looking for a…</span></p>
<p>Skip wrote: "When a mineral tract is force pooled in a unit, I don't think there is recourse for subsurface trespass. Use of the surface for unit operations would constitute trespass."</p>
<p>LRA 30:10(A)(b) states "<span>The portion of the production allocated to the owner of each tract included in a drilling unit formed by a pooling order shall, when produced be considered as if it had been produced from his tract by a well drilled thereon".</span></p>
<p><span>I've been looking for a use for that legal fiction as statutory, and now I have found it. </span></p>
<p><span>Analysis: It's a UNO's oil and gas produced by it's well on his own property, the operator has intentionally conspired to retain the UMO's share of well proceeds and at this point obviously does not intend to pay out those proceeds. The clincher in criminal law is the intent not to pay those funds. There may well a cause of action grounded in tort. In the alternative a UMO may just be another in a long line of unsecured creditors in another long line of bankruptcy proceedings.</span></p>
<p></p> You're welcome. Not that I a…tag:gohaynesvilleshale.com,2020-12-14:2117179:Comment:39492382020-12-14T22:58:28.455ZSkip Peel - Mineral Consultanthttps://gohaynesvilleshale.com/profile/ilandman
<p>You're welcome. Not that I am aware of, Lester.</p>
<p></p>
<p>You're welcome. Not that I am aware of, Lester.</p>
<p></p> Thanks Skip, I will follow u…tag:gohaynesvilleshale.com,2020-12-14:2117179:Comment:39494902020-12-14T22:51:30.605ZLester Ghttps://gohaynesvilleshale.com/profile/GF565
<p>Thanks Skip, I will follow up after the bankruptcy. Is there a way to listen or see the court bankruptcy proceedings via zoom or conference call?</p>
<p>Thanks Skip, I will follow up after the bankruptcy. Is there a way to listen or see the court bankruptcy proceedings via zoom or conference call?</p> There is no notice required b…tag:gohaynesvilleshale.com,2020-12-14:2117179:Comment:39492332020-12-14T22:16:57.367ZSkip Peel - Mineral Consultanthttps://gohaynesvilleshale.com/profile/ilandman
<p>There is no notice required by statute for a well permit, from the commissioner or the unit/well operator. Reasonable due diligence is required to identify "interested parties" for the purpose of sending a notice letter for an application to create a drilling and production unit or to drill alternate unit wells. I've reviewed dozens of IP lists and they are full of typos and omissions. I am unaware that any unit applicant has been censured much less penalized for a faulty IP…</p>
<p>There is no notice required by statute for a well permit, from the commissioner or the unit/well operator. Reasonable due diligence is required to identify "interested parties" for the purpose of sending a notice letter for an application to create a drilling and production unit or to drill alternate unit wells. I've reviewed dozens of IP lists and they are full of typos and omissions. I am unaware that any unit applicant has been censured much less penalized for a faulty IP list.</p>
<p>When a mineral tract is force pooled in a unit, I don't think there is recourse for subsurface trespass. Use of the surface for unit operations would constitute trespass.</p>
<p></p> Bob, I received division orde…tag:gohaynesvilleshale.com,2020-12-14:2117179:Comment:39494012020-12-14T22:10:16.501ZLester Ghttps://gohaynesvilleshale.com/profile/GF565
<p>Bob, I received division orders on these wells and I have been receiving UMO revenue. My request for well data was so I could extrapolate the math back to first production for each well to see when each paid out, when my pro rata share went through the well, and when/what I should have been paid. I wanted to look at the math because of Johnson vs Chesapeake.</p>
<p>Bob, I received division orders on these wells and I have been receiving UMO revenue. My request for well data was so I could extrapolate the math back to first production for each well to see when each paid out, when my pro rata share went through the well, and when/what I should have been paid. I wanted to look at the math because of Johnson vs Chesapeake.</p> Lester, much is on hold with…tag:gohaynesvilleshale.com,2020-12-14:2117179:Comment:39493032020-12-14T22:08:34.171ZSkip Peel - Mineral Consultanthttps://gohaynesvilleshale.com/profile/ilandman
<p>Lester, much is on hold with CHK during the bankruptcy proceedings. Suggest you communicate with them by email so you have a record. You might also want to have a copy of your deed or other conveyance instrument handy to provide evidence of your mineral ownership if needed. Have you checked to see if CHK has filed a unit survey for your section/unit? It would be a good idea to review one if it is available in the SONRIS database. When the bankruptcy is discharged, start hounding them…</p>
<p>Lester, much is on hold with CHK during the bankruptcy proceedings. Suggest you communicate with them by email so you have a record. You might also want to have a copy of your deed or other conveyance instrument handy to provide evidence of your mineral ownership if needed. Have you checked to see if CHK has filed a unit survey for your section/unit? It would be a good idea to review one if it is available in the SONRIS database. When the bankruptcy is discharged, start hounding them again.</p>
<p></p> If you were never notified by…tag:gohaynesvilleshale.com,2020-12-14:2117179:Comment:39494882020-12-14T22:02:43.636ZBob Zimmermanhttps://gohaynesvilleshale.com/profile/BobZimmerman
<p>If you were never notified by the Commissioner of Conservation of pending permit and other well related hearings, go see your District Attorney. Mineral trespass might support a criminal felony charge of theft. An arrest is probably not beholden to the bankruptcy court. </p>
<p>If you were never notified by the Commissioner of Conservation of pending permit and other well related hearings, go see your District Attorney. Mineral trespass might support a criminal felony charge of theft. An arrest is probably not beholden to the bankruptcy court. </p> It is very true that the O/G…tag:gohaynesvilleshale.com,2020-12-14:2117179:Comment:39494872020-12-14T21:49:34.482ZLester Ghttps://gohaynesvilleshale.com/profile/GF565
<p>It is very true that the O/G will spin you to no end. I have an atty and have sat in district court, appeals court, and the Supreme Ct of La. In 2010 I sent a request in writing, notarized the letter, and sent it certified mail to Chesapeake to send all well data on one well pursuant to 30:10. In 2 weeks they sent me a 20 sheet packet back in certified mail accounting for every nut, bolt, pencil, and roll of toilet paper for that well. I guess they respond better to this type of…</p>
<p>It is very true that the O/G will spin you to no end. I have an atty and have sat in district court, appeals court, and the Supreme Ct of La. In 2010 I sent a request in writing, notarized the letter, and sent it certified mail to Chesapeake to send all well data on one well pursuant to 30:10. In 2 weeks they sent me a 20 sheet packet back in certified mail accounting for every nut, bolt, pencil, and roll of toilet paper for that well. I guess they respond better to this type of request. I may have to go this route again.</p> Someone is spinning you, Lest…tag:gohaynesvilleshale.com,2020-12-14:2117179:Comment:39494842020-12-14T21:25:06.543ZBob Zimmermanhttps://gohaynesvilleshale.com/profile/BobZimmerman
<p>Someone is spinning you, Lester, and getting just the effect they are looking for.</p>
<p>Stall and evade until you give up as most people eventually do when faced with the peculiar legal quandary of an UMO.</p>
<p>Do yourself a favor, get an attorney specializing in oil and gas law or you are likely to collect nothing from the well. </p>
<p>Someone is spinning you, Lester, and getting just the effect they are looking for.</p>
<p>Stall and evade until you give up as most people eventually do when faced with the peculiar legal quandary of an UMO.</p>
<p>Do yourself a favor, get an attorney specializing in oil and gas law or you are likely to collect nothing from the well. </p> I have a small interest in se…tag:gohaynesvilleshale.com,2020-12-14:2117179:Comment:39494802020-12-14T20:54:38.165ZLester Ghttps://gohaynesvilleshale.com/profile/GF565
<p style="text-align: left;">I have a small interest in section 24. I am UMO with this interest. I asked Chesapeake by email to send me the full accounting of the well build, equipping, and finishing costs, and separate production records for all 4 producing well per 30:10. I made the request 3 months ago. They replied one month later that they do not send these reports to Royalty Owners. I replied that I was not a royalty owner, I am UMO. They replied back via email that they would…</p>
<p style="text-align: left;">I have a small interest in section 24. I am UMO with this interest. I asked Chesapeake by email to send me the full accounting of the well build, equipping, and finishing costs, and separate production records for all 4 producing well per 30:10. I made the request 3 months ago. They replied one month later that they do not send these reports to Royalty Owners. I replied that I was not a royalty owner, I am UMO. They replied back via email that they would get back with their division order team. I’m still waiting two months later.</p>