Beck Energy Appeals Court Decision

I talked to the Monroe County Court today and found out by pure accident that Beck Energy appealed their case just today.  For those that don't know, the case was moved to Washington County Court by the Ohio Supreme Court.  The decision came down that Beck Energy leases were "not in the Public Interest" in the state of Ohio.  In other words Beck lost and the landowners won.  Now the appeal process has begun.  My lease with Beck hangs in the balance as do 270+ Monroe County landowners just like me!

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Permalink Reply by Judy Walter on September 4, 2012 at 3:10pm
Everyone has a right to an opinion. That's how you interact and hopefully understand others insight. Sometimes you teach but mostly learn! Everyone have a good evening.
Permalink Reply by Jim Litwinowicz on September 5, 2012 at 1:24am

Joe; I don't understand your need for personal attacks. Perhaps you are over compensating for your own shortcomings. All I did was state that I fear the use of "pubic interest" as a means of voiding contracts between two private entities. Rather than discuss the merits of such a tactic, you lowered the discussion to personal attacks. That is usually a sign of either weakness in your argument or weakness in your debating skills. I don't know which it is in this case nor do I care.

I stand by my opinion that this will be overturned. And I feel bad for all the people that are getting their expectations raised to levels that cannot be reached.

Permalink Reply by Jim Litwinowicz on September 5, 2012 at 3:01am

We'll see who is uneducated when this is overturned on appeal.  You can just go on "pump-jacking" your self-importance in the meantime.

Permalink Reply by Schnoozie on September 5, 2012 at 3:46am

When I was negotiating my lease, I asked each of the 3 Landman we spoke to this question.

If we got drilled, would it be agreeable with the Gas Company if the area was fenced in afterwards, if we got drilled. Something simple 4 foot high chain link fence, to keep kids, animals, quads, smowmobiles, away from the area. Easy request. Right??

He replied, I will have to ask...he did...they agreed.

Was he representing me or the Company??? 

Permalink Reply by Schnoozie on September 5, 2012 at 6:40am

Oink-Oink. Still no replies to my question.

Permalink Reply by Judy Walter on September 4, 2012 at 2:07pm
Since this was moved out of Monroe County, and previous cases were cited, how would you make a fairer decision? Leases have always been made to benefit the lessee unless the lessor took part in writing his lease, be it with or without counsel. It just needs to be fair to both parties and that can be done without breaking the bank of the lessee.
Permalink Reply by Billy Park Whyde on September 4, 2012 at 2:26pm

Public policy issue makes this very interesting as the premise under which forced pooling can be enforced upon a land owner .  Just a small  problem with having two different standards.  

Permalink Reply by Alan Pavlik on September 4, 2012 at 11:55pm

If the ruling was based on the fact that the leases were void from the beginning because they were pertitual, then most leases could be interpeted the same way based on the language that are in most leases....interesting.

i was told a few years ago that these type of issues would take place in our area, when there is a lot of money at stake the "title busters" (Attorney's) would flood our markets.

Permalink Reply by Jim Litwinowicz on September 5, 2012 at 1:26am

Alan; correct that the attorneys will be talking up their expertise bigtime.  But look around and see how many leases they were successful in voiding.

Permalink Reply by John OBrien, landowner advocate on September 6, 2012 at 9:13am

Jim, have you read any of the leases we speak of?  Just relax, take a breath, and read one.  Then tell us if you think they are fare and just.  Union contracts are usually not signed under a rock, like most of these leases were.  Judges rule every day on things that effect all our lives.  We vote them into office because we trust them to do what is right, and on the record of what they have done in the past to show their competency.  Seriously, read a lease.

Permalink Reply by Jim Neuenschwander on September 11, 2012 at 11:58pm

Hi John

 

Sorry, I have no experience with leases but Licking County Commission Tim Bubb’s e-mail address is tbubb@lcounty.com in case you are interested in forwarding the lease to him and asking  if the lease is written as a Best Practice(BP) for land owners?

 

Thx a lot

 

JFN+13

Permalink Reply by Jim Neuenschwander on September 12, 2012 at 1:50am

Hi John

 

One additional suggestion is pls consider  contacting Dick Emens(614 414-0888, demens@emenswolperlaw.com) about leasing?  Dick is in Columbus and has E&P expertise

 

Thx a lot

 

JFN+13

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