Bear Energy sent a shut in check in March 2016 for our wells in Sect 20-16N-3E. Two pump jacks were already removed but the biggest one still stands, broken, and of course the tank battery, and gas compressor. A new highway is coming through in 18-24 months and we will probably lose our home to eminent domain and need a house built or moved in at that area of this farm. I’ve talked to the Corporation Field Inspector, and OERB, etc. Bear Energy sent an area pumper supervisor out a couple of years ago because we called and asked for chemical treatment barrels to be removed, they were treating poison gas. Those treatment barrels are still here. That supervisor gave my husband a song and dance that these wells will probably be worked on in the future. We are told that until these wells no longer have an operator we can’t do anything. It’s very unsightly since the upkeep has stopped on these old wells. This is the biggest, old broken pump jack in the area, we need this area cleaned up and Bear Energy, LLC, in Drumright isn’t going to do it. Flint Sparks owns both the oilfield salvage yard and Bear Energy, LLC unless things have changed. Advice, please, if you have any.
Susie, I have the same issues in 6-16N 3e, and had a somwehat similiar enviroment. I contact the OCC in Bristow and it took 4 or 5 years to clean up the oil site, plug the well and remove all their down hole and uphole equipment. I did not TAKE NO FOR AN ANSWER. With the price of oil and gas at low levels they will not fixes or do anything. You may need legal attorney to get them to take notice, I call the OCC people every month. Good luck!!! Their is rules on the books for pluging oil wells.
Were you told nothing can be done if it’s showing active on the list? Will be four years since shut in on 3/31/2020. I don’t think my husband will spend money on an attorney if the state is telling us this.
Correction, Sect 29-16N-3E
I call OKC,the Capitol building, can you tell me if the field inspector is out of Bristow now or who you called?
By the way, we are in your neighborhood on this highway and ODOT has been surveying our buildings for over a year due to elevation on this big hill. Our 5 mile strip of this road project is coming up earlier than the maps last year show.
The Day The pumpJack was pulled, I called the OCC, and yes the well was listed as Active well, I called the Bristow office. Various field inspectors cover the lincoln county area. Yes we have been in Contact with DOT sub contractors and we have dealth with people out of Tulsa. GOOD Luck.
http://occpermit.com/WellBrowse/Webforms/WellInformation.aspx?ID=173492
These is an Change of ownership of well In November 2016 I believe. Your current owner is listed as in Drumright and if you do a search of current oil and gas operators in the state it will pdf of operators in the state of Oklahoma that are BONDED. Thanks
It’s been a long time since I used their site, Jerry inherited minerals in western Oklahoma that were overlooked and forgotten in the trust and I jumped hurdles getting affidavits filed for ownership. I had the API on ours when Bear’s field well manager came and also the OCC field inspector, about 3 yrs ago. (OERB finally responded to photos months later but it still shows an operator.) There was a leak at the tank batteries when OCC was here, and correct, the pump jack I’m tired of looking at…#1…they took the other two pump jacks a long time ago or maybe Equal Energy removed them before selling to Bear. Their address is actually Cushing but POB is Drumright. Jerry said last night cattle have rubbed the poisonous gas chemical treatment tank and it’s drained out now… I’ll be finding out the rules on shut in wells that you have referenced. Time slips away, this place was very clean and scenic before they left their junk here. All oil companies were great in over twenty years until we hit Bear Energy LLC. On ODOT, they’ve had four different survey contractors here since last year Jan 2, trying to get this section measured and move the new highway to the east, more on us, because the cemetery fence and a few graves are in the edge of the right of way. They’ve had transits for elevation against the north foundation corner of this house twice. Keystone Surveying, Stillwater has been on the other side of the mile section since Feb 1 then back around here too. They have one steel stake and ribbon as far east as the second cattle guard on the lease road, that would wipe out all outer buildings here without building an angle or curve. Mapping Division as well as Roadway Design both agreed to give us the draft drawing by September before the Oct 1 meeting, Federal FY 2021 year. Right of Way probably won’t give us much until late 2021 when they’re scheduled to appraise. You have been very helpful, best of luck on your end, as we move forward.
You mentioned a new highway in 18-24 months. Can you provide any information as to the proposed route? I am curious because my area is not far from where you are. Thank You
From Highway 177/105 Highway junction, five miles north will be widened with new shoulders very soon. The appraisals are going on now and additional right of way is being bought. Scheduled next, will be the second five mile strip from south edge of Carney to five miles north to connect at 177/105 and widen, pave a year or two following. Ten miles from Carney to the Payne County line south of Perkins will be widened. These color maps are on the state Oklahoma Department of Transportation’s website under doing business or projects and plans, 2020-2026. A spreadsheet is there too, with timeframes by county for the next 8 years of budgeting with specific line items. Each year in October the new map is published for the coming 8 yr period, we are in District 3 North. Oct 1 will be Federal FY2020-2021. State fiscal year money is July 1. If you are in either area you’ve had letters by now or at least environmental study letters.
ODOT often undervalues properties in eminent domain situations. You don’t have to accept what they offer. If they come in low and you prevail in court, ODOT pays your attorney’s fees.
Thank you so much for the advice on OCC plug or produce. The Bristow office has already been here and filed on Bear Energy two days ago. They said Bear Energy has cooperated in the past so we are staying positive that they’ll plug the old wells and come after their salvage in 45 days now. Best regards to you on the new highway project, we will both be involved in it, ours is 2021. I know several people on Hwy 66 and Hwy 33 that have dealt with this in the past. Some of it went well, but others didn’t.
Ok Susie, I am glad to hear that OCC has filed, Do not be surprise if things are longer than the 45 days. You should get an letter with claim #. Be certain that you hand to that paper work untill you are satisifiED. I wish you well. They are taking about 2.8 acreas for the new highway. We will what offer they make in late may or June. Good luck to you!
I got the form copies they filed and sent to Bear Energy today in my email. ODOT must be totaling up all the appraisals $$$ on the five mile stretch before they make individual offers if you have to wait that long. That would be hard if the house is involved but they agreed to let us see the drawings this summer, our appraisal is late 2021 supposedly. Cleaning up these ugly abandoned wells is a such blessing for now, you really helped us out.
No Problem Ssie, We are told they will start construction work only after all fences/mailbox/cattleguard has been moved. 2years away depending on funding. I think it will be three years due other people in the mix. I hope they due a good clean up. Oil comanies can do great things but only if in their interest.
Lee
No, stay on guard. Condemnations are filed about 6-8 mo from the first visit appraisal. If a settlement offer was not voluntarily agreed on, some will get two or three more offers, a simple court filing for condemnation takes place very soon, with three commissioners selected to appraise the property, in ten days the court will award the check and if anyone disagrees that is just an ongoing dispute but ODOT won possession and gets deed. Checks go to the County Treasurer’s office for landowner and the deed is mandated then, with 90 days to relocate/evacuate. People can continue to file objections or request a jury trial but it does not change the action, courts rule according to state statutes for eminent domain, it might change the settlement $$ amount in some cases. Fencing and construction has very little to do with how long anyone can maintain a residence or buildings because court ordered settlement award is the condemnation of refusing their final offer, and it gives quick possession so new utility bids can start. If they are only talking about when actual construction will start, that’s sketchy, it’s only to avoid ruffling feathers face to face. They want the right of way available for utility bidding and progress. On Hwy 66, Hwy 33, and along I-35 legal battles continued in court for 5-6 years following condemnation. The highway was finished long before the court fights were over. Same with the new Luther/Tinker Field exit on the Turner Turnpike, those people were out of their residences in 6-8 months…in one instance on I-35, ODOT sued a landowner back and the landowner had to pay ODOT back 40% of the second higher court appraised settlement. Another landowner was sued by ODOT for rent payments on rental houses during the 90 days to evacuate…ODOT had the deed/ownership from the condemnation filing and went to court for rental money she thought was hers, then they were all removed immediately anyway.
I would like to add a few items to think about which may add value to your condemnation process. Take time to read “Eminent Domain Law Guide for Oklahoma” on the internet. It is very informative. Secondly, take time to research the “unit rule” in eminent domain proceedings. If you have your appraiser who is placing value on your “taking” make sure he values each item as a contributory value to your final price. I went through this in Illinois when a new highway came through my property. Many of the owners appraisals were not admitted in their court proceedings because they violated the “unit rule” in their final valuation. Many attorneys are not aware of this “unit rule”. However, the attorneys for the Highway are aware of it. Make sure this is applicable in Oklahoma because it could save you if you have to go to court. Thank You
Thank you for the Eminent Domain Law Guide, I read it briefly and the economic loss, the income stream before and after, and the severance value is well explained. I have the Oklahoma State Statutes but I will also print this out for my husband to read concerning his beef cattle feed lots. I also have income that will suffer a move or change of address, I’ve been a Blue Cross Agent 24 Years. This is written in our favor.
I found the Federal Uniform Appraisal Act of 2016 with a unit rule section. Mainly considering difference between full replacement cost and market value. Which is always a disagreement on homes and businesses of age while all components need to be considered as a whole. This is an important resource.
We have known this new road was on the maps for nearly twenty years and it’s coming now in 2021. They continue to use transits and four different company contractors measuring our yard and house now, for over a year. There’s a hill here they will want to scrape off for visibility, core samples have been taken. Our front door here, is 125 ft from center line, which not a very good thought, we have a half mile frontage on this place, a beef cattle operation. We have thought of building a new house farther back on top of the big hill here, but I’m not sure it would be wise if we want to get the most from living in this one? And we don’t need to end up with two houses if they just blade off the front yard and leave us here right on the edge. They agreed to give us a draft drawing in September from roadway design division.
Thank you for the two references this morning, with the help and advice of Lee Dumas in this group, we should have the three wells plugged, the old pump jacks and tank battery out of here before ODOT’s appraisal in late 2021. This ten mile stretch of highway is very clean and scenic in the heart of Oklahoma, beef cattle country so the progress and safety issues will help others later.
I am sure you have enough material to read already but I am going to suggest one more resource for you to read at your convenience. The article is by Tony Sevelka titled " An analysis of partial takings and contributory value in the context of various court decisions". Plan well because it will add to your final payout figure. This is an event that will probably only happen once in your life so make sure you are compensated accordingly.