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Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
63 Replies

If treating and gathering are not mentioned in the lease, what tells me that they can deduct it from your royalty checks?   Section 4b of the lease states the following.    The royalties to be paid…Continue

Started this discussion. Last reply by Ray Nov 10, 2011.

Separate the Heirship of land and partition deed
23 Replies

 My family has heirship land in Louisiana and we want to separate the land so that each heir can own their separate portion of the land by doing a partition deed for each heir.  We have completed a…Continue

Started this discussion. Last reply by Kat Bloomfield Aug 1, 2011.

Sec 20 16N 9W
2 Replies

Does anyone know what is going on in this area? 

Started this discussion. Last reply by RFKirkland Feb 4, 2011.

 

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Ray replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"Our landman has promised us a cost-free royalty, and we’ve hired an O&G attorney to finalize our lease ... and to make sure we actually get it. Our lawyer has given us the first draft of our lease; it hasn’t been presented to the…"
Nov 10, 2011
Ben Elmore replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"If you are asking how a UMO in a unit is charged post-production costs, in Texas, assuming they are a drillsite tract owner in the unit, they are charged their proportionate share of post-production costs just like a non-operating working interest…"
Sep 30, 2011
Tommy Johnson replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"How would this effect those that did not sign leases?"
Sep 29, 2011
Joel replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"Texas case?  I guess I assumed the OP was in Louisiana but if they're in TX, that might apply.   If it's Louisiana,  the appeals judgment in Merrit v. Southwestern Electric Power in the Louisiana Court of Appeals (1986) is…"
Sep 29, 2011
The_Baron replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"  1) There is no requirment for an operator to provide a JOA or COPAS for working interest owners intergrated under 30:10. I know this for a fact, we have been forcepooled into several units and gone as a consenting interest. Our requests for a…"
Sep 27, 2011
John Brewster replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"It serves no purpose for me to discuss Louisiana law with you since I really don't know anything about it.  I would be very surprised if there is not statutory interest owed to royalty owners for late royalty in Louisiana as there is in…"
Sep 27, 2011
The_Baron replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"My point is that you are implying that there are provisions in the law that provide for automatic interest after 60 days, and that there are statutory limitations on what may be charged to a Royalty Owner.   The only protections I know of are…"
Sep 27, 2011
John Brewster replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"If you or anyone ever has proof that Chesapeake or Petrohawk are selling gas to a subsidiary at less than market prices, please provide it and I can help with a claim.  Absent that, all of us who are unhappy that our gas prices seem low…"
Sep 27, 2011
John Brewster replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"I don't appreciate having people challenge my knowledge of the law, much less my good intentions.  When you asked about Louisiana, I very clearly noted that I have no minerals there (due to prescription), and don't know the law there…"
Sep 27, 2011
The_Baron replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"John,   I am very familiar with the regs on your link above. They only apply to State and State Agency leases. They do not carry over to private minerals.   In louisiana, there has been a good deal of case law on this, I will dig up what I…"
Sep 27, 2011
John Brewster replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"Baron - read http://dnr.louisiana.gov/assets/OMR/media/2011/pdf/SR_Report_Instructions.pdf for information on Louisiana. DO Analyst - we're in agreement.  Producers almost always deduct every possible expense paying little regard to…"
Sep 27, 2011
DO Analyst replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"John,   I have felt for years that when new areas of interest were developing that there should be several town halls with folks such as yourself and Skip explaining things to land owners in easy to understand terms.  I think the big…"
Sep 27, 2011
DO Analyst replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"Ok John, point taken, you can hire a lawyer and fight the oil and gas companies.  My point is, that the standard post production charges are charged unless exempted per the lease.  It is not a standard exemption.  Yes, in Oklahoma,…"
Sep 27, 2011
John Brewster replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"I wasn't predicting or taking sides, only speculating on the likely possibilities.  I didn't mean to imply that the plaintiff "saw the light."  Voluntary dismissal is not a term I am familiar with, so it could mean…"
Sep 24, 2011
DrWAVeSport Cd1 replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"JB, Agreed.  However, I will take the side of the road that is opposed to yours.  I think Ms. Coffey walked away with "hush" money.  I admit,  I have been wrong before, and am certain to be wrong again.  I am…"
Sep 24, 2011
John Brewster replied to RFKirkland's discussion Treating and Gathering Deductions not in the Lease, but being deducted from royalty checks
"Thanks.  I had already read the Petition.  there are two claims: (1) breach of contract based on the royalty clause of the lease, and (2) breach of the implied covenant to market.  Basically the royalty clause is ambiguous.  It…"
Sep 24, 2011

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At 8:51am on May 2, 2010, E & E said…
RFK,
There should have been a map on the HK unit application. All surface/mineral owners have to be notified.
Earlene
At 9:03am on April 28, 2010, E & E said…
RFK,
The Location will be on the North line in sec 17 above the Muslow property in 20. No, they haven't started clearing yet.
Earlene
At 5:15pm on April 26, 2010, E & E said…
RFK,
I'm going to guess that you know that Petrohawk has that unit. I do know that they just got a location for that section. They haven't started clearing it yet.
Earlene

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