James,

Do you own 100% of the minerals in the unleased tract? If so, it should not be included in the unit. If not, if the operator has leased any of the other interests in the tract, it can pool the entire tract.

The question then becomes - is the well on the tract or another tract in the unit? If the well is on your tract, you are an unleased co-tenant and am entitled to your entire share of the production after pay-out minus operating expenses. So, if you have a 1/2 interest in a 100 acre tract and the well is on that tract, you are entitled to 50% of the well's production after pay-out minus operating expenses. But if the well is not on your tract, you are not entitled to anything from it.

It is true that operators' accounting is certainly going to have the operator over the unleased co-tenant but "funny math" will only get the operator so far. The State doesn't offer any specific protections for this situation above what the law already affords - suits for conversion, accounting, etc.

Feel free to message me personally if you would like to discuss this further.

Best,

Eric C. Camp