Judge's ruling limits shale developer's drilling rights - GoMarcellusShale.com2024-03-28T15:39:54Zhttps://gomarcellusshale.com/forum/topics/judge-s-ruling-limits-shale-developer-s-drilling-rights?commentId=2274639%3AComment%3A256785&feed=yes&xn_auth=noThe way the law reads if ther…tag:gomarcellusshale.com,2012-03-26:2274639:Comment:2605122012-03-26T00:24:27.115ZSusan Tribetthttps://gomarcellusshale.com/profile/SusanTribett
<p>The way the law reads if there wasn't a saving event between 1969 &1989 the minerals revert back to surface(ohio Dormant Mineral Act 1989</p>
<p>The way the law reads if there wasn't a saving event between 1969 &1989 the minerals revert back to surface(ohio Dormant Mineral Act 1989</p> Agreed. Seems pretty straight…tag:gomarcellusshale.com,2012-03-18:2274639:Comment:2573942012-03-18T16:43:39.491ZMarchttps://gomarcellusshale.com/profile/Marckc
<p>Agreed. Seems pretty straight forward. If you want a property right you have to pay for it. You hope you can pay for it when it's cheap rather than expensive, but the other party feels the opposite. My understanding is their predecessor had written into the deed an option to acquire precisely the rights CHK currently lacks, but they failed to exercise it.</p>
<p>Agreed. Seems pretty straight forward. If you want a property right you have to pay for it. You hope you can pay for it when it's cheap rather than expensive, but the other party feels the opposite. My understanding is their predecessor had written into the deed an option to acquire precisely the rights CHK currently lacks, but they failed to exercise it.</p> If you are suggesting that a…tag:gomarcellusshale.com,2012-03-18:2274639:Comment:2574352012-03-18T01:37:03.565ZMarchttps://gomarcellusshale.com/profile/Marckc
<p>If you are suggesting that a mineral lease can retroactively alter the meaning of deed language for the property under which those minerals lay, or, for that matter, the meaning of mineral deed language, that's just obviously wrong. Also, if old leases do not give operators the rights they need for modern drilling, common sense dictates that they sign mineral and/or landowners to new modern leases.</p>
<p>If you are suggesting that a mineral lease can retroactively alter the meaning of deed language for the property under which those minerals lay, or, for that matter, the meaning of mineral deed language, that's just obviously wrong. Also, if old leases do not give operators the rights they need for modern drilling, common sense dictates that they sign mineral and/or landowners to new modern leases.</p> Excuse me, now that I'm paid…tag:gomarcellusshale.com,2012-03-18:2274639:Comment:2572672012-03-18T01:19:36.659ZMarchttps://gomarcellusshale.com/profile/Marckc
<p>Excuse me, now that I'm paid eight of the forty four page PDF you linked to, I see that you were talking about Ohio case law. But those cases offer do not help CHK's cause.</p>
<p>Excuse me, now that I'm paid eight of the forty four page PDF you linked to, I see that you were talking about Ohio case law. But those cases offer do not help CHK's cause.</p> If you're saying CHK loses so…tag:gomarcellusshale.com,2012-03-18:2274639:Comment:2572642012-03-18T00:49:06.529ZMarchttps://gomarcellusshale.com/profile/Marckc
<p>If you're saying CHK loses so long as the court sticks to the plain language of the contract, then I'm not sure Ohio statutory law will matter much in the end.</p>
<p></p>
<p>If you're saying CHK loses so long as the court sticks to the plain language of the contract, then I'm not sure Ohio statutory law will matter much in the end.</p>
<p></p> Equity may also take into acc…tag:gomarcellusshale.com,2012-03-18:2274639:Comment:2572012012-03-18T00:44:32.698ZMarchttps://gomarcellusshale.com/profile/Marckc
<p>Equity may also take into account the fact that CHK is making huge amounts of money off this well and and that CHK's well is impacting the Sportsman Club's enjoyment of it's property in ways that a traditional vertical well would not. As you said, the case must be "properly framed".</p>
<p></p>
<p>Equity may also take into account the fact that CHK is making huge amounts of money off this well and and that CHK's well is impacting the Sportsman Club's enjoyment of it's property in ways that a traditional vertical well would not. As you said, the case must be "properly framed".</p>
<p></p> Sounds like the newspaper sho…tag:gomarcellusshale.com,2012-03-18:2274639:Comment:2572622012-03-18T00:32:11.202ZMarchttps://gomarcellusshale.com/profile/Marckc
<p>Sounds like the newspaper should have contacted Attorney Owen Beetham. He's a fourth generation mineral rights attorney in eastern Ohio. Seems to me that he's likely the brains behind this operation.</p>
<p>Sounds like the newspaper should have contacted Attorney Owen Beetham. He's a fourth generation mineral rights attorney in eastern Ohio. Seems to me that he's likely the brains behind this operation.</p> Nah... I am a human Uzi. I h…tag:gomarcellusshale.com,2012-03-16:2274639:Comment:2567852012-03-16T19:40:13.214ZJim Shooshttps://gomarcellusshale.com/xn/detail/u_1zmcv26fki85q
<p>Nah... I am a human Uzi. I have more bullets than you have barbs. The wife never kids about that topic. </p>
<p>Nah... I am a human Uzi. I have more bullets than you have barbs. The wife never kids about that topic. </p> Gayle,
You seem fixated on my…tag:gomarcellusshale.com,2012-03-16:2274639:Comment:2569292012-03-16T18:50:45.950ZJim Shooshttps://gomarcellusshale.com/xn/detail/u_1zmcv26fki85q
<p>Gayle,</p>
<p>You seem fixated on my noodle...just an observation. The article link for Harc0 was for purposes of enlightening him to the fact that Ohio is not one of the jurisdictions that has subscribed to theory that the mineral estate is on equal footing with the surface estate...it is still the dominant estate. </p>
<p>The paycheck bet, if you will re-read was with respect to CHK's lease with the coal company having a pooling clause, so I'll be hanging onto my check... in fact if you…</p>
<p>Gayle,</p>
<p>You seem fixated on my noodle...just an observation. The article link for Harc0 was for purposes of enlightening him to the fact that Ohio is not one of the jurisdictions that has subscribed to theory that the mineral estate is on equal footing with the surface estate...it is still the dominant estate. </p>
<p>The paycheck bet, if you will re-read was with respect to CHK's lease with the coal company having a pooling clause, so I'll be hanging onto my check... in fact if you are willing to put up collateral on your side, I will double the bet. I never saw anything where you said "I'll accept that wager".</p> Gayle... I'll stick with my n…tag:gomarcellusshale.com,2012-03-16:2274639:Comment:2565092012-03-16T16:08:01.844ZJim Shooshttps://gomarcellusshale.com/xn/detail/u_1zmcv26fki85q
<p>Gayle... I'll stick with my noodle, and its still intact. Why this gets overturned on appeal is the fact that the appellate judge(s) won't bury their head(s) in the sand, and they won't limit their vision to what the express language of the deed contains. </p>
<p>...and by the way Harc0...</p>
<p><a href="http://www.nedstratton.com/media/Surface%20Owner%20v%20Mineral%20Owner.pdf" target="_blank">http://www.nedstratton.com/media/Surface%20Owner%20v%20Mineral%20Owner.pdf</a></p>
<p>Gayle... I'll stick with my noodle, and its still intact. Why this gets overturned on appeal is the fact that the appellate judge(s) won't bury their head(s) in the sand, and they won't limit their vision to what the express language of the deed contains. </p>
<p>...and by the way Harc0...</p>
<p><a href="http://www.nedstratton.com/media/Surface%20Owner%20v%20Mineral%20Owner.pdf" target="_blank">http://www.nedstratton.com/media/Surface%20Owner%20v%20Mineral%20Owner.pdf</a></p>