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Permalink Reply by Carter on July 14, 2008 at 18:32

I want to address this small point: Do not assume that a contract field landman is privy to information about where a company may or may not drill. They simply have no idea. Its doubtful that his boss or his boss's boss has more than a rough guestimate.

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Permalink Reply by Bobi Carr ("parker") on July 14, 2008 at 18:49

They sent a plat showing they want to go through my property to get to the next section. I do not own property in the next section.

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Permalink Reply by Bobi Carr ("parker") on July 14, 2008 at 18:54

There have been rumors for months that they are going to go through my property to drill a well on someone elses property that is not in my section. I realize that could put it in the same unit. But this is not what the landman stated.
He said they are going to drill in the section next to my property and that my lease gives them the right to construct the roads, etc.
I DO NOT BELEIVE THEY CAN CONTRUCT ROAD ON MY PROPERTY TO GET TO ANOTHER PROPERTY WITHOUT PAYING MARKET PRICE FOR THIS RIGHT.

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Permalink Reply by Bobi Carr ("parker") on July 14, 2008 at 18:33

I did give them rights to construct roads, etc.
I interpret it to mean only for a well in my unit. Do you know whether or not this is how it is generally interpretted.
THANKS AGAIN

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Permalink Reply by Carter on July 14, 2008 at 18:56

As a general rule, when you sign an OGL, it gives them the right to do the things they need to do to explore/extract the minerals. But its all within reason. Building a necessary road through your pecan orchard might be reasonable under most circumstances. Taking fresh water from your pond would be unreasonable whether you had surface water provisions in your lease or not. You are right in saying that giving someone a ROW across your land is a separate issue from the right to construct a road to make a well on a unit you are in. Think about it. You lease to Chesapeake, however St. Mary's, in the next section over, makes a well and wants to get a ROW across your property. Are you bound by your Chesapeake lease to not negotiate on this issue? Of course not. Ask around regarding the highest per rod figure in your area. Then tell the landman that you are not dealing with them until they pay that plus a premium.

Good Luck.

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Permalink Reply by Bobi Carr ("parker") on July 14, 2008 at 19:05

THANKS. That is my thought exactly.
I asked him "why don't you just go through his property? He said "we would have to cut timber".
My thoughts are "SOOOOOO". I don't think it is my problem. Of course, I was not so rude as to put it that way. I just stated that my lease does not give them the right to construct a road through my property to drill a well "for" someone else.

I just so happen to know about the wetland issue also.

I could be wrong but I DO NOT beleive my lease gives them this right.

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Permalink Reply by Bobi Carr ("parker") on July 15, 2008 at 6:03

Does anyone else know whether I could expect more that the $200 per rod?

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Permalink Reply by Bobi Carr ("parker") on July 15, 2008 at 7:16

Are you PCR?

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Permalink Reply by Bobi Carr ("parker") on July 15, 2008 at 18:06

Thanks Les B,
That is the sort of information that I am trying to acquire. I posted a question on all experts and got a figure of about $2500 per acre for timber damages. The more information I can gather the better prepared I will be. I know I will probably have to hire an attorney, but I would like to get as much info before then. I have a large tract of land BUT NO DEEP POCKETS. As I stated I didn't do very well during the Bonus stage. All of these issues affect us for a very long time and I want to make sure I dot by i's and cross by t's.

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Permalink Reply by SAM Cd2 on July 15, 2008 at 7:23

I am in a very similar situation. However, Chesapeake is using a pre-existing private road, which happens to be the dividing line between two sections. This road was built and has been maintained by the landowners who have homes and we all happen to live in the section that is not being drilled on yet. We are experiencing a great inconvenience with dust, mud, heavy traffic and loud noise. This road is only one lane wide. So unless we want to get run over by one of these big trucks, we must pull over and let them pass. Chesapeake's guy told me the same thing about my lease allowing them ingress and egress to any exploration. I have 20 acres and received only $100/acre in bonus money in 2006. I feel that we deserve compensation for the use of the road. Please keep me informed of anything you find out. I would greatly appreciate it.

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Permalink Reply by Bobi Carr ("parker") on July 15, 2008 at 7:32

I will let you know everything I find out.

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Permalink Reply by Bobi Carr ("parker") on July 15, 2008 at 7:33

Also look at Kassi's surface right agreements. Does anyone on the road have any health concerns that would make them blacktop the road.

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