If they don't pay the taxes, then their shares should go up for auction. Which means you could purchase them. =)
Steph, the only way they would go to auction or sale would be if no one paid them. They are being paid but not everyone who owns a portion of the tract is paying their share of the taxes. The county only sends out one tax ticket for each tract. We did not know who all of those heirs were but we do now. The county does not care who pays them and guess who has been paying them for years??? When the property is drilled on and taxes raise, I hope the county sends out separate tickets or we have a problem. Anyone have any knowledge on this??
My cousin paid all the portions a few times. (They were less than $10 each)
I always like to say, you can pick your nose, but you can't pick your family! It is so nuts that they would expect you to pay the taxes. But, then again, they may not even know you are the one paying.
Everyone acts like it is TOP secret who owns the additional shares of your rights, where they are located, who owns the surface rights...It is like the less you know, the more money they can profit.
Oh! I just re-read, our tract is sub-divided. I receive my tax bill, my cousin receives hers, etc. (Unfortunately, corporations have bought 4 or 5 of the seven shares.) But the tax bills have to be separated because I am not paying their portion. (Although, I am sure they have been in the middle of collecting my portion of the royalties! lol
DT I think you need to ask Arlene Mossor the County Assessor to divide these portions. She is good, but I think you need to start at the top and talk with her. That is the office that can do it. If you know what you have, and what others have, you can pass that on to her. If you need to get the title straight (from an inheritance that was not probated or administered yet, hope I am using the correct terms) you can talk with the Probate clerk (Sandra was doing it the last I heard) in the County Clerk's office. She is very helpful. There is no reason for this to go on. Supposedly the company will pass on title information for these things to be split up once all the leasing is done, but that might take some time. Anyway that's how I would approach this, I think.
To clarify, this is Ritchie County I am referring to. I realize this is a Doddridge discussion. Hope it isn't confusing. The procedure would be the same in Doddridge, but of course with different people!
Nancy Mosley said:
DT I think you need to ask Arlene Mossor the County Assessor to divide these portions. She is good, but I think you need to start at the top and talk with her. That is the office that can do it. If you know what you have, and what others have, you can pass that on to her. If you need to get the title straight (from an inheritance that was not probated or administered yet, hope I am using the correct terms) you can talk with the Probate clerk (Sandra was doing it the last I heard) in the County Clerk's office. She is very helpful. There is no reason for this to go on. Supposedly the company will pass on title information for these things to be split up once all the leasing is done, but that might take some time. Anyway that's how I would approach this, I think.
Some leases are drawn up to make companies pay for the increase in taxes for their part in the profit they are making from your minerals. Ohio landowners had this one drawn up.
Property Taxes
In the event real property taxes pertaining to or attributable to the Leased Premises are
increased in any manner by reason of the operations of Lessee on the Leased Premises, including, but not
limited to any structures or improvements constructed on the Leased Premises, Lessee shall be
responsible for the amount of any such tax increase attributable to such operations or improvements.
Lessee shall reimburse Lessor for the amount of such increase within thirty (30) days after Lessor
provides Lessee with written documentation reflecting such increase and the basis thereof.
Woot Woot! I talked to another long lost cousin this evening. Her father likely owned a share of the rights. I am excited because she seemed interested in the dig!
Wow, Stephanie P, you are really connecting with family! Your ancestor would be so pleased. And the more the merrier in dealing with all this.
Stephanie P said:
Woot Woot! I talked to another long lost cousin this evening. Her father likely owned a share of the rights. I am excited because she seemed interested in the dig!
I finally got Antero on the phone again...I have called 5xs in the last week or so. Bottom line is she fessed up, "This is a mess. I can't find enough documents on this one" Ba ha ha!! I told her that I would be happy to help her, help me, get paid! I shared a bit of information with her to get her started. I think it is amusing that with all their resources and people mulling about in that courthouse, they can't get any further than I have. (Actually, I don't think her research was as good as mine) I did explain to her that my cousin and I weren't going to be happy with the "current" lease as it was written before the amendments to WV law that require 12.5% royalties.
I would never know all this stuff if it hadn't been for this forum! Thanks for your support everyone.
Good for you! Keep on doing your research. The companies have many things they don't know enough about, and if we can know it, we can keep from being taken advantage of (most of the time).
Here is the text of the WV law requiring that new wells drilled on old flat rate leases need to be 12.5% (1/8) royalty. Trouble is, some companies are interpreting this to mean that, since the working interest owner gets paid minus costs to transport, therefore the royalty owner needs to be paid this same way, i.e. less cost to transport. The trouble seems to be the words "at the wellhead". Keep your eyes open on this.
WV code 22-6-8-4-e
(e) To avoid the permit prohibition of subsection (d), the applicant may file with such application an affidavit which certifies that the affiant is authorized by the owner of the working interest in the well to state that it shall tender to the owner of the oil or gas in place not less than one eighth of the total amount paid to or received by or allowed to the owner of the working interest at the wellhead for the oil or gas so extracted, produced or marketed before deducting the amount to be paid to or set aside for the owner of the oil or gas in place, on all such oil or gas to be extracted, produced or marketed from the well. If such affidavit be filed with such application, then such application for permit shall be treated as if such lease or leases or other continuing contract or contracts comply with the provisions of this section.