"That's a good question. I assumed that the cost for condemning or acquiring a servitude that renders the encumbered property totally useless to the landowner would be the market value of the land (or more, if they're trying to pay to keep…"
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Louisiana Servitudes
Started this discussion. Last reply by Land Rat Sep 18, 2012. 19 Replies 3 Favorites
I would be curious to hear if anyone is aware of any large Servitudes in Louisiana, with about 5,000 acres of more. I have heard of some very large, very old Servitudes that have been methodically…Continue
Louisiana Amends La. Rs. 30:10 Non-Consent Law
Started this discussion. Last reply by Andrew Sep 10, 2012. 24 Replies 0 Favorites
The Governor has signed into law an amendment to Louisiana's forced pooling statute, 30:10.This is the statute that provides for forced pooling of non-consenting Working Interests (WI) and Unleased…Continue
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Andrew replied to sandra's discussion Claiborne Parish lease offer in the group Claiborne Parish"As Aubrey said, if you hire an attorney make sure to hire one who knows oil and gas issues well. Not all lawyers are created equal; some will have more knowledge in certain areas than others.
10 things worth paying more for."
Andrew replied to tc's discussion Ash 31H-2 well production in the group (MS) Tuscaloosa Marine Shale & others"Bernell,
I agree with your logic re: spacing. I just posted the email from MS OGB to give the current state of affairs (which, I believe, is that the state is waiting to see how things develop before making any field or reservoir-wide spacing rules)."
Andrew replied to VSC DeSoto South's discussion Right of Way or easement payment: Taxable or Not?"I know they can't condemn the mineral rights themselves. In fact, this is why prescription doesn't run against land they acquire, whether or not by condemnation. I was saying that rather than granting a servitude for a pipeline or…"
Andrew replied to VSC DeSoto South's discussion Right of Way or easement payment: Taxable or Not?"The tax matters are way out of my league, but if an entity with eminent domain power wants to use your land for a ROW, even if they don't condemn, reserve your mineral rights if property is actually sold to that entity. Even if not acquired…"
Andrew replied to Nicholas B. Couch's discussion Royalty payments delayed - interest and penalties accrue?"Check out article 140 of the Mineral Code."
Andrew replied to Nicholas B. Couch's discussion Royalty payments delayed - interest and penalties accrue?"Nicholas,
Articles 137-141 of the Mineral Code do indeed apply to private party leases such as yours. However, if you read those articles carefully there is nothing that says when the company has to make initial payments by, nor how soon they have…"
Andrew replied to Nicholas B. Couch's discussion Royalty payments delayed - interest and penalties accrue?"Nicholas,
There is no statutorily-defined deadline by which royalties have to paid. If there is no clause in your lease regarding the matter, then they have whatever period is customary in the oil and gas industry within which to pay you.…"
Andrew replied to Evan Brent's discussion After 9 years where are we?"I'm pretty sure he's talking about the Fayetteville Shale. See the most recent economic analysis of it here."
Andrew replied to Rodney Anderson's discussion Production Sharing Agreement"Rodney,
The language of the particular PSA proposed to you may or may not be favorable. An attorney is the only one who can really advise you on that.
As to why it would benefit you to sign a PSA, in general, the main reason is that without PSA a…"
Andrew replied to Craig Wascom's discussion Goodrich Tuscaloosa Well Produces 75,000 BOE in Three Months in the group (LA) Tuscaloosa Marine Shale"The fact that the President of the company responded to TCs email says a lot about their effort at transparency."
Andrew replied to tc's discussion Ash 31H-2 well production in the group (MS) Tuscaloosa Marine Shale & others"A staff member at Mississippi Oil and Gas Board emailed me the following in regards to well spacing:
"
Andrew replied to cheap shot's discussion Broadway H Well Gone Dry?"You're correct, I think that's how all shale wells are listed when waiting on completion, now that you mention it. I find that to be confusing. Rather than "Dry Hole - Future Utility" I wish that Sonris would have a status like…"
Andrew replied to Rodney Anderson's discussion Production Sharing Agreement"As to your question about forced pooling: you were force pooled when the original unit was formed, if you are in Louisiana.
However, your minerals appear to be in Texas, given the fact that your original unit was an irregular size (688 acres)…"
Andrew replied to Rodney Anderson's discussion Production Sharing Agreement"I, for one, have a small interest inside such a cross-unit well such as this that was formed in Texas. I am elated the the company is drilling a lateral that is a half mile longer than they would otherwise be able to. However much my share of the…"
Andrew replied to Craig Wascom's discussion Goodrich Tuscaloosa Well Produces 75,000 BOE in Three Months in the group (LA) Tuscaloosa Marine Shale"190 barrels of liquids per MMcf would indeed be rich. The best I've ever heard of was 129 barrels of NGL per MMcf, which is from Gulfport's Utica production.
Again, I could spend a lot of time calculating how many barrels of NGL they might…"
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Andrew's Blog
How Low Can It Go? Questions From Those Who Can't Believe the Commodity Prices on Their Royalty Statement
Posted on January 11, 2013 at 6:57am 5 Comments 0 Favorites
Recently a GHS member asked a few pointed questions that demonstrate the frustration felt by anyone who has labored through deciphering their royalty statement only to discover they're being paid far less for their gas than the prices reported on TV.
Whole books can (and have) been written on the issues surrounding the payment and reporting of royalties, and this post is not intended to be as comprehensive. Rather, I hope this post will address some common and reasonable concerns…
Continue "Which 'Royalty' Is It?" Problems with Nomenclature
Posted on December 10, 2012 at 8:08am 0 Comments 0 Favorites
This post touches upon a commonly misunderstood issue: That the word "royalty" is used to described many different kinds of mineral right, which are governed by separate legal regimes in many cases.
These distinctions become relevant when one has questions like "Does XYZ's royalties expire when a lease expires?" or "Are my royalties subject to prescription?" The answers to these questions and others depend on what kind of…
Continue Ownership of Mineral Rights and the State of Louisiana
Posted on September 17, 2012 at 1:05pm 0 Comments 2 Favorites
The State of Louisiana is undoubtedly the largest landowner in the state, and therefore is likely the largest mineral owner as well. Just like any other party, the State often acts aggressively to protect and establish its ownership of mineral rights throughout Louisiana. This blog post is meant to give a summary of some of the legal issues surrounding ownership of mineral rights when the State of Louisiana is involved. This post is for educational purposes only, and is certainly no…
Continue What is a Servitude?
Posted on September 14, 2012 at 1:30pm 10 Comments 0 Favorites
One of the unique aspects of Louisiana property law is the regime governing servitudes. For Louisianans and out-of-staters alike, the nomenclature and rules can be quite confusing. This post is to provide a brief summary of the ins and outs of Louisiana servitudes, in their basic forms, in hopes of alleviating some of that confusion. I will go into more depth into mineral servitudes because that is subject matter of this site.
This post is meant to be educational, but certainly should…
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- At 2:52pm on March 11, 2013,
Skip Peel- Independent Landman said… Andrew, please provide me with you off site email.
- At 9:02pm on August 2, 2012,
GoshDarn said… Wrong on all counts, Skip. Not mad at all. We inked a great lease. My family was totally thrilled. (And, y'know, it's kinda weird for you to even make such a wild/rash statement as that, not knowing any of the details or even where the land actually is or who the operator was. Hey, how could you know anything about it, huh? I mean, it really makes you look bad. Talk about being unprofessional.)
And I've never claimed to be an expert. Nope. I'm just a goodhearted landowner who shares what little I know. That's all. But sometimes I do rub the crooks wrong who are out to make a buck off folks. That's true.
Yes, indeed. That's been known to happen.
And I've also seen you besmirch a number of other helpful folks here on GHS, e.g., Joe A. and Elmore (when they first posted).
Slander is prosecutory, Skip.
- At 6:31pm on August 2, 2012, Skip Peel- Independent Landman said…
Andrew, before you inadvertently support the extreme anti-industry positions of Gosh Darn, I suggest you read through his posts. He is first of all mad because he executed leases with less than optimal lessor terms (which I'm sure his family reminds him of on a regular basis). Secondly, he has continually attempted to put himself forward as an expert of mineral leasing, which he is not. And lastly, and most importantly, he is the prime instigator of promoting an anti-industry atmosphere amongst the members. Many of those members are totally clueless as to how leasing works and prone to buy in to the idea that the industry is cheating them.
- At 9:25am on October 18, 2011,
Julie Gibson said… Welcome to GHS! The site has grown a little to nearly 17,000 members, but the same mission of educating and networking mineral owners and professionals continues today. Our areas of discussion have also expanded to include the Haynesville, Tuscaloosa, Brown Dense and Austin Chalk plays. In addition we also have many helpful regional / county / parish / themed groups.
So, the lay of the site is like this.
- Our General Forum (displayed on our homepage). This is the place you post if you have a general question or if you are not sure where to post.
- Additional Groups. Search these for the location or play that is the most specific to your question. For example, if have information, or a question, pertinent to Desoto Parish, then join and post in the Desoto Parish group.
- Blogs. Blogs are where you can post opinions or posts with further insights on a topic. Please do not post questions in the blog section.
This comment is being left on your profile page or "My GHS" as it is referred to in the navigation tabs. Your profile page is your home base on the site. Feel free to set your privacy settings in a way that makes you comfortable. As you begin participating, you may want to send someone a friend request, or you may receive a friend request from another, participate at a pace that works for you..
The success of GHS is defined by one simple phrase, "neighbors helping neighbors." If you know of someone who could benefit from being plugged into this site, drop them an invite, and let them know what we are up to here. They'll thank you for it! Also, should you ever be on the recieving end of crudeness, rudeness or spam, let me know. The site is a peered monitored site and we need your assistance.
Again, welcome!
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