Indiana Smith
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Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent
9 Replies

I do not have any connection to this case, but I thought I would post it to keep this group informed.  It was reported in the Salem News today that Nathan Wilson of Hanoverton, Ohio has filed a…Continue

Started this discussion. Last reply by J.D Feb 28.

Tax question: Sending a 1099 to the attorney who wrote your lease?
5 Replies

In 2012, I was in a landowner group headed by a law firm.  We signed a lease written by that law firm and received our bonus.  The law firm charged $250 per acre and it came out of our payment (lease…Continue

Started this discussion. Last reply by Ed C Feb 26.

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Latest Activity

Indiana Smith replied to Kelly Young's discussion 'Plant in Kensington...' in the group Columbiana County, OH
"Kelly, The other plant is being built in Scio, which is actually in Harrison county.   Here is some more info on it:  A natural-gas processing hub being developed in a partnership between Chesapeake Midstream Development, M3 Midstream and…"
Jun 6
Indiana Smith replied to Kelly Young's discussion 'Plant in Kensington...' in the group Columbiana County, OH
"I was told that it will be mostly complete in about 3 weeks (mid June) and that most of the construction guys will be laid off at that time."
May 30
Indiana Smith replied to Utica Shale's discussion 'Batzli Well update ...' in the group Columbiana County, OH
"Chrissy, A couple issues:  I think the main holdup is a lack of drilling rigs.  There are only 2 operating in the county.  The other factor is the lease timeline:  There is no hurry on the Batzli well because the leases involved…"
May 18
Indiana Smith replied to Utica Shale's discussion 'Altenhof well update ...' in the group Columbiana County, OH
"I have not found the entrance either.  If they come in off of Murray, then it would be through a neighboring landowner.  This might be possible IF they drill lateral 8H first (8H goes under this neighboring landowner... the other laterals…"
Apr 15
Indiana Smith replied to Utica Shale's discussion 'Altenhof well update ...' in the group Columbiana County, OH
"It may have to do with some lease swapping between Hillcorp and CHK.  Some (a lot) of the land to the NW of this pad site was under Hillcorp lease.  It was just assigned to CHK on February 25th of this year.  So now they can…"
Apr 12
Indiana Smith replied to Paul G. Bobnar Jr.'s discussion '3d geophysical surveys'
"I doubt that anyone requested the survey.  These seismic companies are independent and  pick "hot spots" where they think they can sell data.  Their business plan is to collect data, and then sell it to 5 to 7 different…"
Mar 16
J.D replied to Indiana Smith's discussion 'Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent'
"I believe the best thing anyone can do is have an attorney review their lease for it's specific terms, especially older leases. In this case, royalties were paid after the assignment - however the breach of contract wasn't discovered until…"
Feb 28
Marcus Grayson replied to Indiana Smith's discussion 'Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent'
"Cashing the check is a sign of acceptance, but most contracts only require the Lessee to tender payment.  Once they've paid you their end is covered."
Feb 27
J.D replied to Indiana Smith's discussion 'Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent'
"It was an assignment from Carlton Oil to Virco from July 2011. I believe the suit was filed last summer and royalties had been accepted. Virco has since been sold to Triad Hunter."
Feb 27
searcherone replied to Indiana Smith's discussion 'Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent'
"J. D. To which company did Virco assign the lease?  Interesting that royalty had been paid and accepted.  Do you know the time of events in case?   One o&g lawyer always advised me NOT to cash the check as that was a…"
Feb 27
J.D replied to Indiana Smith's discussion 'Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent'
"A voided assignment. No mention of "may not be unreasonably withheld" in the original lease, and royalties had been paid and accepted after the assignment occurred."
Feb 27
Fang F Fang replied to Indiana Smith's discussion 'Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent'
"J.D, What was the outcome ?"
Feb 27
Marcus Grayson replied to Indiana Smith's discussion 'Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent'
"There is very, very little case law in Ohio about this subject.  The outcome of cases like this will shape the face of the industry for decades. "
Feb 27
J.D replied to Indiana Smith's discussion 'Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent'
"Fang, You might want to check on the court decision filed in Washington County this week, Harding vs. Virco. It was a written consent issue. "
Feb 27
Fang F Fang replied to Indiana Smith's discussion 'Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent'
"This could be an important case. Many assignment clauses require consent of the Lessor. But the clause usually states that the consent cannot be unreasonably denied. What is unreasonable ? If I'm a land owner maybe Even without specific…"
Feb 27
Indiana Smith posted a discussion

Wilson vs. Beck Energy (Columbiana County, Ohio) assignment without consent

I do not have any connection to this case, but I thought I would post it to keep this group informed.  It was reported in the Salem News today that Nathan Wilson of Hanoverton, Ohio has filed a lawsuit against Beck Energy for assignment of a lease without written consent of Lessor.  Case number is 2013 CV 00140 in Columbiana County, Ohio:  http://www.ccclerk.org/case_access.htmHe is being represented by attorney ROBERT L GUEHL.  A google…See More
Feb 27

Profile Information

What is your role in the Marcellus?
Landowner
Why are you here?
Networking
Which state(s) are you following?
Ohio
What shale plays do you follow?
Utica

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