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Eric C. Camp
Decker Jones, PC
Burnett Plaza, Suite 2000
801 Cherry Street, Unit #46
Fort Worth, Texas 76102
There is no set “form” demand letter. A demand letter can be formal or informal, written by an attorney on behalf of a client or written by an individual on his own behalf, demand payment or demand some other action from a party. No matter the form, a demand letter’s purpose is the same – avoid litigation and expedite a resolution of whatever dispute exists between the parties.
This article contains guidelines and tips for drafting an effective demand letter – one that is more likely…Continue
Posted on October 13, 2012 at 22:30 — 1 Comment
Disclosures During Oil and Gas Lease Negotiations - Texas and Louisiana
The oil and gas industry has always been subject to booms and busts. Barnett Shale and Haynesville Shale lessors are recovering from their first “bust.” Their roller coaster ride started with oil and gas lease terms of $200/acre and a 1/8th royalty, up to $27,200/acre and a 1/4th royalty, and then back down to $500-$5,000/acre and a 1/5th royalty. In some cases, it seemed like the “going rates” changed…
Posted on October 24, 2011 at 10:30 — 9 Comments
Mineral Estate Surface Use Limitations
Any surface damages discussion must begin with the caveat that the mineral estate is dominant to the surface estate. This means that the mineral owner has the right to use as much of the surface as is reasonably necessary to develop the minerals but must do so with due regard for the rights of surface owners and without negligence. Texas law defers generally to the lessee’s view of reasonableness. To make matters worse for surface owners, the…
Posted on October 24, 2011 at 10:30 — 6 Comments
Hiring an Attorney – Some Thoughts
By: Eric C. Camp
Here are some things individuals and companies (collectively called “Clients”) should consider when hiring an attorney.
1) Conflicts of Interest
A preliminary issue is whether the professional responsibility rules regarding conflicts of interest prohibit the attorney from representing the prospective Client. These rules generally prevent attorneys from representing Clients in…
Posted on October 24, 2011 at 10:30 — 7 Comments
WHAT HAPPENS AFTER YOU SIGN YOUR OIL & GAS LEASE?
This article discusses what generally happens from oil and gas lease (“Lease”) signing to royalty check arrival. Every situation is different and these steps may happen in a different order than listed below but all occur before the mineral owner (“Owner”) gets a royalty check. This article is based on Texas law but should be similar to the process in other states.
1) Finding a Surface Site
A surface site…
Posted on August 5, 2010 at 7:30 — 2 Comments
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I haven't seen you around for a good while. Just figured I would drop in and say "hi". Hope things are going well.
And recently got married to a fellow SMU grad?
If so, I remember you well. Send me an email my friend.
I went to Marshall and found that the lease was recorded on 10/27/08. Checked at bank in Marshall for one of the heirs and draft has not been paid. Now have been offered $2500 from landman.
You replied to me that you are & O&G attorney out of Fort Worth. I spoke with landman today and he told me that Chesapeake was not going to pay the draft that is due Dec. 9th. We had a very quick and pleasant negotiation with landman to get to $12,000 per acre. Now he tells me that the draft will not be paid and that they want to issue a new draft for $1,500 per acre, another 45 day draft. They have already recorded the lease at the Harrison County Court House (per the landman). I have not verified this. I am making a trip to Marshall on 12/12 and plan to check this out for myself. He stated that no one is offering more than $250 per acre now and I should grab the $1,500. As if they might change their mind again. Any suggestions?
Would you consider posting your ROW information as a permanent part of the site, like the information at the bottom of the page submitted by Kassi and insomniacinnla?
It is extremely helpful to have an outline of items to discuss.
I still believe everyone should approach this with an attorney's assistance.