Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on September 29, 2023 at 10:50

Question 1:  Send it ASAP certified mail.  Also send an email with the demand attached.  Be  a pain.  It's cheaper than paying an attorney, if you can avoid it.

Question 2:  I'm unsure how TGNR figures into the new Comstock wells.  Section 16 - HA RA SU55 is approved for "dual operators".  That means that EXCO is the operator of record on the Rives Etal 16 #1 (the original unit well) and Comstock is the operator of record on the Chap Hrs 27-22-15 HC #1-Alt and #2-Alt.  Comstock operates sections 27 & 22.  Technically EXCO would be a non-operated working interest in the two HC wells and could choose to pay the royalty interests in Section 16.  If EXCO is claiming that they have assigned an interest in Section 16 to TGNR, they should provide proof.  I do not find an assignment recorded in the DeSoto public records for such an assignment.  SONRIS doesn't list any well that TGNR has operated in the past or currently operates in 14N-14W.  I think someone on EXCOs end is confused.

By the way, it's TGNR, not TNGR.

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Permalink Reply by full name on September 29, 2023 at 12:19

Thanks Skip.  You always have good advice.

I have had good luck with demand letters to other companies. I will send one out early next week.

As for question #2.  Exco sold half its interest in most if not all its property when they were facing bankruptcy a number of years back. At one point Shell owned the half interest.  I can't remember who owned it before that but Shell bought them and did not want the gas portion so they sold to TGNR (I blame the TNGR on fat fingers).  There is a fault running through section 15 and Exco drilled several wells across 9 and into 15, up to the fault, a number of years ago.  The production has been split between Exco and now TGNR since they sold their interest.  I had figured that the south half of 15 was a stranded asset and would never be drilled.  When Comstock permitted the wells I had hoped that Exco would own all the production however the analyst was adamant that Exco only owned half.  For a long time Exco paid both halfs  but when TNGR bought Shell's portion they started paying their half their selves.  I will contact them again.

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Permalink Reply by Skip Peel - Mineral Consultant on September 29, 2023 at 12:26

Yeah, that half interest in Exco leases has had a long ride.  TGNR is drilling HA/BO wells in E TX as you can tell in my weekly rig reports.  I don't think the company has a legal reason for delaying payments. I'll look forward to the response that you get.  Good luck.

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Permalink Reply by Jimmy Hamiter on October 2, 2023 at 10:56

I've had issues with TGNR responding to my emails as well. At first, they were reasonably responsive, then crickets. I haven't tried the demand letter, but that's good advice. Good luck... to both of us!

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Permalink Reply by full name on October 2, 2023 at 12:13

I always add the following closing statement.  It gets their attention and they usually call and ask for a 30 day extension.  At that point you can actually talk to someone who has some authority.

I direct your attention to Louisiana Mineral Code Articles 137-140 which provide TGNR 30 days within which to supply the requested funds or show cause why that cannot be met, after which point TGNR will become responsible for all damages and attorney’s fees that result from failure to act upon this request.

As you said good luck to both of us.

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Permalink Reply by Skip Peel - Mineral Consultant on October 2, 2023 at 12:28

If anyone cares to read the articles full name mentions, here are the article titles.

R.S. Title 31, Article 137.  Nonpayment of royalties; notice prerequisite to judicial demand for damages or dissolution of the lease.

R.S. Title 31, Article 138.  Required response of lessee to notice.

R.S. Title 31, Article 138.1. Division Order; precedence of lease; penalties for failure to pay royalties due.

R.S. Title 31, Article 139.  Effect of payment in response to notice.

R.S. Title 31, Article 140.  Effect of nonpayment in response to notice or failure to state cause therefor.

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Permalink Reply by Jimmy Hamiter on November 27, 2023 at 5:28

Hi Skip. To the articles mentioned here, do you happen to have what coincides with these in Texas? I've done some research and couldn't find them. Bottomline: I continue to get the runaround from TGNR regarding a transfer of ownership of a well I own rights to in Rusk County. TGNR has verified I've sent all required documentation for this to be completed, but refuses to respond with any specific status. This has been going on since this past June and I'm fed up, to say the least.

I figured I'd just ask before going deeper down the rabbit hole, given your connections.

Thanks!     

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Permalink Reply by Jimmy Hamiter on October 2, 2023 at 15:52

That's great. Thank you!

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Permalink Reply by Skip Peel - Mineral Consultant on November 27, 2023 at 6:07

Jimmy, there is a world of difference between mineral law in Texas and Louisiana.  In addition, the Texas Railroad Commission is even more "friendly" with the industry than the LA DNR, Commission of Conservation.  I don't keep up with Texas as much as I do with Louisiana. 

In some cases, as much as they may rile your sense of fairness, trying to get assistance from the state is like tilting at windmills.  The only rational way to pursue this would be to gather enough TGNR lessors as co-plaintiffs to hire a really good O&G law firm.  An experienced firm could give you an idea of your chances of prevailing in court and how much it might cost to pursue litigation if it comes to that.

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Permalink Reply by Jimmy Hamiter on November 27, 2023 at 6:13

Thanks Skip, I own rights in Louisiana so I hear you about the differences. I'll mull this over, keeping after them, and hope that it doesn't turn into a messy legal matter!

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Permalink Reply by Skip Peel - Mineral Consultant on November 27, 2023 at 6:37

You're welcome, Jimmy.  There appears to be a number of TGNR lessors with the same problem.  If it was me, I think I'd want to get a handful to share the expense of asking an experienced O&G attorney's opinion of how strong a case you have.  That should cost $500 or less.  At least then you know your options.  It might only take a demand letter by a recognized O&G law firm to get action.  However keep in mind that those top law firms don't send demand letters for clients that don't pledge to follow through with a suit if the company ignores the demand.  They have a reputation to maintain with the industry.  Those that make demands and then do not follow through with litigation are soon ignored.

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Permalink Reply by Jimmy Hamiter on November 27, 2023 at 6:45

Thanks again, Skip. I'll take these under consideration. I have been able to speak with someone who seemed to show concern and claims she's working on this. I'll stay the course for the moment and definitely take what you've said here under serious advisement. I'm guessing this forum would be the best place to reach out to other lessors at least as a starting point, should that become necessary. 

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