Posted on 01/01/2013 10:25:00 AM PST by neverdem
Here’s a quick summary of Promised Land - it’s a Hollyweird anti-capitalism propaganda film. Waste your money to see it if you’re drunk, stupid, or a drooling, idiotic Democrat.
Otherwise, keep your money ro buy beer when the next season of American (dreck) Idol begins.
Theoretically, the refusing owner will get the “standard” lease royalties, but the developer has no obligation to find you to give you a check.
You're correct though. A mineral owner who doesn't want to produce will be "force pooled". Corporation commission will force their interest to be produced to accomodate everyone else who wants to produce. The person being force pooled will be given a deal by the operator that is equal to the best deal that operator has given anyone else in the same or neighboring counties. One advantage to not signing a lease. You're guaranteed the best "deal" financial, if you make the commission force pool you.
Good perspective!
What I mean is no one has to lease to a producer. Everyone has the right to participate in the well as a working interest owner. But you’re correct... you generally have to do one of those two options if everyone else wants too.
Which is where?
Mort Zuckerman: Brace For an Avalanche of Unfunded Debt
Gun Control Fails, Say Statistics from Gun-Control Advocates
Today's U.S. Soldiers Fitter Than Decades Ago: Report
Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.
Who has the health nazi/nanny state ping list? Happy New Year!
Mort Zuckerman: Brace For an Avalanche of Unfunded Debt
Gun Control Fails, Say Statistics from Gun-Control Advocates
Today's U.S. Soldiers Fitter Than Decades Ago: Report
Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.
Who has the health nazi/nanny state ping list? Happy New Year!
One of the moronic editors of my local paper finally saw “Gasland” on the internet and thinks it’s truthful. She also once admitted she gets her “news” from The Daily Show. This person is an assistant editor who writes opinion columns.
good grief!!
Matt Damon's $15 million Miami home.
Thanks for the link!
Matt Damon's $15 million California home.
Fracking is less harmful to the land than any one of his houses!
I'm sick of these damn hypocrites!
This seriously Bourne-worthy Los Angeles-area home, described as “the best home in the Pacific Palisades,” was just snapped up by “Bourne Identity” star Matt Damon and it’s obvious why: 35-foot mahogany vaulted ceilings, disappearing walls of glass, a floating staircase, a spa pavilion, a huge in-home gym (naturally), a koi pond. Maid’s quarters, even. Two of them.
The Grant Kirkpatrick-designed home also boasts seven spacious bedrooms, 10 bathrooms, a five-car garage and a gargantuan outdoor swimming pool.
Fracking is going on here in Ohio, and we are NOT required to sell our land to the mining company. We sell the right of drilling on the land, not the land itself. It is all still our land.
Why am I not surprised?
Which is the way it works everywhere else I know of.
Mineral rights and surface rights should be separate in the lease: specific surface locations may be leased out at the property owner's discretion for production, drilling, or pipeline right of way, but that should be separate from the mineral rights, and should require a separate agreement.
As always, when dealing with legal matters, it is best to have your own attorney, who will look out for your interests.
What I have been reading about working interest versus royalty interest seems confused, too.
Working interest means you pay for part of the well, depending on your mineral rights ownership, percentage wise. Royalty interest is the cut the owner of the mineral rights gets of produced oil and or gas sold, usually ranging from 1/8 (12.5%) to 1/5 (20%) for their fraction of the lease spacing (if you own half of the mineral acres, then multiply 1/2 times the royalty interest agreed upon, say, 1/8, and your cut is 1/16 of the value of production. Depending on the agreement, that can be before or after expenses.
Leasing mineral rights does not sell your land, despite the fact that the guys who offer leases are called "landmen" and the term "land acquisition" is commonly used in conjunction with that leasing activity.
Mineral rights can be sold, too, but if you own the mineral rights, I would not sell them. Many separated the mineral rights from the surface ans water rights in tough economic times and sold them to save the farm or whatever, and those who have either purchased or inherited the property since regret that. You can sell property and retain the mineral rights, and in some areas that has become a fairly common practice, so if you are a buyer, make sure what you are getting.
With surface rights it is common to retain the right to all coal, sand and gravel, etc. within a certain distance of the surface, commonly 1000 ft. This keeps the surface intact from pit mining operations, and in the instance of leasing the right to explore for and produce oil and gas, stipulate that oil and natural gas are what is involved in the lease--don't get blanketed with an 'all valuable minerals' clause.
Those are basic safeguards which any knowledgeable attorney in the field should have in place or insist upon.
Keep in mind the minerals are yours if you own those rights, and you do not have to lease them. If your holdings are considered 'minor' and the drilling permit is issued anyway, consult your state law to determine what royalty interest you will be due, and the procedures to obtain those royalties.
Most oil companies I know of are on the up and up, and will treat you fairly (they don't need bad press from screwing anyone over, and even a hint in the media will get them that), but have your own representation.
Please note: I'm just a consulting Geologist, so this is not legal advice (I am not a lawyer).
We have a contract that we waved in front of our lawyer, and everything is on the up and up. We are leasing, not selling, our mineral rights.
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