Martha thank you , no letter attached or where do I need to find a copy.
Sorry Richard, I’m sick with allergies (on drugs) and forgot the link. LOL!
Richard, The OK Oil and Gas Lien Act of 2010 allows for mineral owner’s liens. If your bankruptcy notice lists you as a unsecured creditor or you find missing or inaccurate royalty payments you need to ask your attorney to file a lien. http://www.law.ou.edu/sites/default/files/files/FACULTY/04%20joosha…
Richard, read your old lease. If it is 1/8th and really old, it may be a gross proceeds lease. Check the wording to see if it is Net or Gross. If gross, then you may have some ammo. This points to the importance over every new lease having no post production costs! No enhancement, no nothing! Especially in gas areas.
Havent received a royalty check from Sundance Energy since last December.If the well hasn’t been plugged is there an OCC statue about having to renew a lease after not getting paid over a certain time frame?
Thanks
Fred
Fred, According to your lease: If the well is shut-in they have to pay shut- in payments and if the well is barely producing they can withhold payments until a certain amount of royalty payment is accumulated. By law: If none of the above, the well is producing (active) and they aren’t paying you can place a lien against the well(s). Check with the Oklahoma Tax Commission for well status and production amounts. Note: For plugged wells you can have the operator legally release the lease.
Lisa, Can she possibly wait one year or two? We are in the last stages of an oil and gas downturn and right now seeing increases in prices. Next year should continue the price increases and by 2018 we should see better prices for minerals.
Where can you go to list your mineral rights, on this site? My Mother has several acres in Logan County Ok, and we feel its time to sell, so that she can stay in her home, rather than being placed , in a nursing home… Thank you
I live out of state. My dad died in OK. No knowledge if it was a will. However, he mentioned to me he sold property in Logan and kept his mineral rights. What resources are available to find out about the mineral rights?
Patricia, Using your dad’s name you can do a reverse lookup for real property at the Logan County Court Clerks office in Guthrie, OK Phone: (405)282-0123. Call them to find out if there is a way to do the lookup online. Otherwise, hire a landman like Monte Hoffman phone 405-842-1930 with Easton Land Services to help you.
You can look in okcountyrecords for his name on mineral deeds. Not everything is digitized. If he lived in OK and died in OK, there are state rules for who inherits if intestate-without a will.
Value is really in the mind of the beholder, but to me I think $50k for a 3-5 acre pad is fair. I’d always ask for more and see what they say. It’s unlikely they get mad and just do something different. If you ask for $100k however they’ll tell you to go pound sand. The operator could move the pad or they could also go the long way around and force the pad on your property. That’s not ideal from their perspective but it does get done from time to time. You’ll still get paid but it’s much better to work with them. Price per rod is highly variable depending on the conditions I describer earlier. I’d certainly force them to make the first offer. No reason to negotiate with yourself. When they make you an offer, call your neighbors if you know them and see what they got previously.
Martha is right, the court will make the decide if you don’t work with the oil company. In Logan Co, I think the avg pad is about $20,000 per well and they usually only put 3 to 4 per site, but be careful they don’t put a disposal well on the pad. Also, the damages for the pipeline should be separate. Most of the small pipelines are about $80 to $100 per rod, but some are less. Depends if it’s pasture or cropland. Also, be sure to put in the contract only one pipeline as the tank batter should be part of the pad. I would suggest you get a good oil and gas attorney to help you on this, plus he will know what the going rate is in the area.
Todd, I can’t think of any reason why they should be able to force you to host two more (possibly several more in the future) wells that aren’t producing your minerals. A simple search didn’t turn up any results. Yes it would be inefficient, but it shouldn’t be your problem. It wouldn’t be for the common good but for the operator’s good so I don’t think they can force you to host two more wells that are not producing your minerals. I would consider countering on a per well basis because what if the eventual well count climbs to 12 or 15 from that pad with much greater activity than just your well/s?
Todd, The length of the laterals as proven to be an integral factor in success and sometimes it is necessary to drill outside the geographical boundaries of a drilling and spacing unit.
The Oklahoma Surface Damages Act include 52 O.S. §318.35 would be available to the operator of such a well if no agreement can be reached with the surface owner of the drillsite.
“A. Prior to entering the site with heavy equipment, the operator shall negotiate with the surface owner for the payment of any damages which may be caused by the drilling operation. If the parties agree, and a written contract is signed, the operator may enter the site to drill. If agreement is not reached, or if the operator is not able to contact all parties, the operator shall petition the District Court in the county in which the drilling site is located for appointment of appraisers to make recommendations to the parties and to the Court concerning the amount of damages, if any. Once the operator has petitioned for appointment of appraisers, he may enter the site to drill.
Is there another option for the pipeline like going through a neighbors property? If they don’t have another readily available outlet then the ball is in your court. How big is the pad they are building? Are there any alternative land uses or is it pasture? Roughly per acre what are land values in your area?
Todd, Here’s a few. Virginia knows some more.
**-Mahaffey & Gore Ok City, OK 405-236-1520 **
- Steve McNamara with McNamara, Inbody & Parrish, Tulsa, OK 918-599-0300
- Ralph Harrison, Kingfisher, OK 405-375-6484
todd. If the wells are not producing on your minerals in your unit, you don’t have to let them drill. They can force you to drill on your lease (unit).
But if the wells are not producing your unit I would not let them do it, and they can’t force you either. They can only force you to let them build a pipeline from your producing minerals not wells producing other units. I would ask for very high damages, as it will be there for a very long time. Or I would ask for at least 1% from each well. Be a hard ass, and use an attorney. Shawn Leach out of Perry is very good.
Todd,
Shame Leach is a young general attorney and is good. His father has been in Perry for years and is now the judge, I prefer an oil & gas attorney when I’m working with oil companies as their is so much to keep up with in the oil world.
Todd,
Martha has name several really good oil & Gas attorney’s. I use Cody at Mahaffey &Gore. They are just north of Brick town.