"US Supreme Court - Texaco v Short on "automatic abandonment"
In 1971 the Indiana Legislature enacted a statue providing that served mineral interest that in not used for a period of 20 years automatically lapses and reverts to the…"
"I'll repeat this here -
Three separate judges in three different counties have concluded that a mere mention of a previous reservation does not constitute being the "subject of a title transaction", and thus a saving event.
"Three separate judges in three different counties have concluded that a mere mention of a previous reservation does not constitute being the "subject of a title transaction", and thus a saving event.
They all can't be wrong.
"From what I understand, many many in 1992.
But really any reservation that has no saving event before 1986. See attorney Nathan Vaughan's article explaining it -
Mineral Reservations Prior to 1986 Called Into Question Under Prior Ohio's…"
"It is interesting to note that Judge Nau in Walker v Noon orders that any appeal to the 2006 amended version of the Ohio Dormant Mineral Act is "moot". This holds the same position as Wendt v Dickerson and Wiseman v Potts.This…"
"James, I understand that at this point the level at which this case was argued does not set legal precedent, in the sense that it could be referenced by another court. But the way it was argued has the markings of a precedant-setting case…"
My lease is somewhat unique, 10 pages long from a old Akron Boy Scout Camp. 1982 lease, wells still producing.
Some of the terms stated are:
Number and location of wells- Lessee is to drill 2 un-unitized wells on the leased…"
"Did you include a Pugh clause and a unit size limitation in that old shallow well lease? If you did, they could only hold what is in the drilling unit for the well and would be required to release the rest. These ideas are not new with the shale…"
"Thanks for the information.
I have had two attorneys say it would be something they could try regarding implied covenants but it is not a sure thing. They did not seem to interested,they suggested it might be best to stay in good relations with…"
Why would the same not be true for the oil and gas companies with the old shallow well leases, many are holding excess acreage beyond the 40 acres required for the well? I don't see a whole lot of difference, to me 20…"
""Many of the people who are now outraged over the Dormant Minerals Act are mad because they are "losing" mineral rights they either didn't bother to protect or had no idea they owned until the notice declaring the…"
"So... I am going to take that Rolex watch you paid ten thousand for but have not been worn in years because you are not using it and I would. Does that seem right to you? If it is your property, why would anybody have a right to take…"
What makes this site so great? Well, I think it's the fact that, quite frankly, we all have a lot at stake in this thing they call shale. But beyond that, this site is made up of individuals who have worked hard for that little yard we call home. Or, that farm on which blood, sweat and tears have fallen.[ Read More ]