Marion County, WV

Group formed to share information on lease/drilling activity in the Marcellus Shale Play under Marion County, West Virginia

Members: 64
Latest Activity: Feb 12

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Discussion Forum

Letter received from Landman, no idea what I should do... 5 Replies

Started by Deb N. Last reply by John Muto Feb 12.

Trans Energy Jones 2H Well Metz WV 6 Replies

Started by Rick Clark. Last reply by James Jan 12.

Freeland 1 and 2 7 Replies

Started by Ronald Church. Last reply by James Smith Aug 4, 2015.

seeking help with lease terms in Mannington, Marion County 5 Replies

Started by Lisa McKenzie. Last reply by Kyle Nuttall May 7, 2013.

Mannington District, Marion County 7 Replies

Started by Karen. Last reply by RONNIE J. TALKINGTON Jan 8, 2013.

What's the advantage? 5 Replies

Started by Daniel Morris. Last reply by kkw Dec 4, 2012.

Lincoln district? 7 Replies

Started by brian t watson. Last reply by J. Rossi Dec 4, 2012.

WV Interim Committee to Discuss Marcellus Shale Regulations 9/12 & 9/14 1 Reply

Started by gasoholic. Last reply by gasoholic Dec 10, 2011.

Marion County Drilling Activity 6 Replies

Started by Daniel Morris. Last reply by Dee Fulton Sep 7, 2011.

simple question ? 3 Replies

Started by Julie Goodblessing Corcoran. Last reply by Todd Charles Apr 4, 2011.

Royalty Payments--What can I expect? 1 Reply

Started by Daniel Morris. Last reply by Todd Charles Mar 26, 2011.

Forced Pooling Debated - Call the legislators NOW 2 Replies

Started by gasoholic. Last reply by gasoholic Mar 2, 2011.

Comment Wall


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Comment by Nancy Mosley on January 14, 2015 at 9:01pm

Rosetta, If you need help sorting out what steps to take, please ask. I have some ideas, and maybe others here do also.

If you know the current surface owner,  I might be able to at least help find out the deed book and number of the deed selling to him, if you don't know that. You could maybe order it from the Marion County clerk.

Comment by ROSETTA WILKINSON on January 14, 2015 at 10:40am

Thanks for your input Nancy.  I guess whoever had the surface rights, sold it to him. The deed( for minerals only) was to my stepmother, and then to me via her will in 2008.  My portion is clearly only the mineral rights, coal, oil and gas, etc. I am trying to figure out what to do.  I live out of state, so its not like I can just go to the court house and do research, so I am gathering everything I have here, putting it in order and figuring out exactly what I will need to research, if and when, I have to go there.  Thanks again.  Rosetta

Comment by Nancy Mosley on January 13, 2015 at 11:19pm

Rosetta, when the property was purchased in 2010, who sold it? I think you said you have that deed, and it is clearly just surface sold? Minerals retained?

And, back to what the landman said, it is possible that the landman is thinking of the Ohio law and not West Virginia about land reverting to surface owner. There is some law there that if the minerals are separated, then nothing is done with the minerals for 20 years (no leasing or things like that) then the minerals revert to surface owner. But WV does not have that law. We pay taxes on the minerals so that is the big difference.

Yes, it sounds like you also need to see the will where the gggrandmother inherited from her mother in law. If that will stated that she only had a life estate, it might mean something (not sure what) but otherwise, I can't see how that abstractor could have thought that.

Comment by ROSETTA WILKINSON on January 13, 2015 at 9:45am

I have the deed information, where in the 1860's, her father-in-law, my step ggggrandfather, divided the property in thirds, for each of his three children. In 1880's, my ggggrandfather purchased his brothers 1/3, giving him 2/3. This 2/3, over 81 acres was divided into 5ths. I have a letter in 1961 from an attorney, a month or so after gggrandmother died, in which it states that she got the minerals from her I guess I need to find that will and or deed to see. I went to the tax dept online website and truly it states that when the property was purchased in 2010, it was surface only; yet he got this company to lease the minerals. The tax office sticks by their story and of course, the burden falls upon me.  I appreciate your comments. Thanks

Comment by Nancy Mosley on January 12, 2015 at 10:37pm

Rosetta Wilkinson, do you have a copy of the deed where your ancestor sold the surface? If the minerals were really retained as a life estate, then when your step gggrandmother died, the minerals went however the deed said. I think the first thing to do is somehow get a copy of the deed, and any deeds before that in the chain of title.

It could be that one or more of those offices made a mistake but you'll need the deed to find out.

At least that is where I would start. Anybody else with more ideas?

Comment by ROSETTA WILKINSON on January 12, 2015 at 11:17am
Good morning. I have a bizarre thing going on now that deals with Marion County, so any input would be appreciated. I had a company looking into purchasing my portion of mineral rights on two different tracks, one Lincoln District, the other one PawPaw District. According to them, an abstractor told them, that when my step great great grandmother died in 1961, that the mineral rights she owned, since she had a life estate, should have reverted back to the surface owners and that the tax office, should not have issued a tax id for the mineral rights and that the taxes we have paid since 1961, was simply our family paying for someone forward to 2010, when a gentleman in GA purchased the surface land only and that is exactly what his tax information shows..turns around in 2012 and leases the mineral rights to Stone Energy Corporation. As bizarre as this sounds, this is exactly what I have been told by the assessors office, sheriffs tax office and county clerks office, we don't make mistakes like that, you need to get a lawyer and prove that it is our mistake and once you do that, you can file an appeal to receive the taxes paid in error, oh yeah, by the way, you can only reclaim the last five years and then it will be in the form of a tax credit for any future taxes you might owe in Marion County.
So someone, please explain to me, how we can pay taxes for 54 years and yet the man who has surface rights only, can lease the minerals?
Any comments will be greatly appreciated.
Rosetta Wilkinson
Comment by Daniel Morris on October 17, 2014 at 9:48pm

Does the Chesapeake sale  announced in the newsletter today affect Marion County, WV?

Comment by Daniel Morris on March 22, 2014 at 12:14am

Can anyone steer me to a Fairmont or Morgantown attorney who can provide information about how badly I'm being screwed by Chesapeake?

Comment by David on May 24, 2013 at 2:58pm

I just wanted to let you know about an upcoming Seminar Series through the YPE called Energy Industry Training Series- It’s 12 part series, although you can just attend one or two if you like. The first Seminar is in June, and gives a complete overview of both the Marcellus and Utica plays.

You can learn more here!

Comment by Lisa on October 12, 2012 at 7:04pm

Hi Kyle,

Regarding EQT, they feel they have proven to us via the letter they sent to the previous owner at the end of 2010 telling him they would "allow" the free gas to continue while he's the owner but if he ever sells the property "the free gas rights MAY not convey". I don't see how they can just wake up one morning and decide to terminate the lease. As far as I can tell, the lease wording states as long as gas is being produced for them, this lease remains in effect.

I will definitely tap into the knowledge of the ladies at the desk at Marion county. I'm pretty good with looking things up and researching, so I hope it goes smoothly and I find lots of good information. For me, just knowing who owned the property all through the years and who first bought & built on the property will be an awesome keepsake! However, we need to know this information because I would like to see a clearer copy of the lease agreements and keep them on hand for future reference for our friends at EQT. We did send them a letter back stating we need proof of this termination by 10/19/12. They're probably still laughing at us as we speak! LOL So, I'm sure after my trip to "Almost Heaven", you will be needed as our new attorney on this project.

Thanks so much for all your help!




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