Getting around Forced Pooling

In the past, we were sued by an oil and gas company. They filed a partition suit attempting to get us to sign an amendment to a lease or force the sale of our interests. I understand that another large company is now trying to get interest owners/landowners to join into a suit to force the hand of an unsigned partial interest owner of a particular parcel in WV and I can only guess that they are also using a partition suit. Anyone  know anything about this tactic or have any thoughts? In our case, the oil and gas company actually owned the other interests and they had the right to sue. I am not sure how this other company is justifying a suit or how they are going about it since they only have a lease with some of the partial owners. I talked to someone they tried to get to join in the suit and he didn't know much since he refused, so I am guessing about some of the above. Either way, this would be their way around forced pooling at present, I would think. I know this has been attempted before.

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Permalink Reply by Nancy Mosley on October 29, 2013 at 1:30pm

My thoughts: I only know what I read, but I think this is bad. I can understand wanting my partial interest to go ahead and be drilled and wanting the other owner(s) to get with the program, but I can understand someone trying to negotiate and the company getting impatient. 

I hope we get some people with some experience in this, or some more information. 

It is a whole different situation when it is "lost" heirs that can't be located and their share is put in suspension; that happened to us. (The company didn't try too hard to look for us since they had been paying us for a different parcel for awhile! I had to find them by checking the API # for an "abandoned" well and seeing that it had recent production...). 

Permalink Reply by Jim White on October 29, 2013 at 4:58pm

My nephew and part owner of our interests is a judge in Ohio in the court where these take place. Appraisers are appointed and the parties can come to an agreement as to value and one can buy out the other. If no agreement is reached, it goes to public sale. Since the oil and gas companies are pursuing this, they somehow have to be involved even if they are not the owners of the interests. Just was wondering how it all takes place. In ours, we agreed to a better deal on the amendment and it did not get that far.

Permalink Reply by Jim White on November 4, 2013 at 12:17am

Nancy

I put up this question because of someone's response on another question where he said he was contacted by Antero to join in a suit. I can not find that discussion now. Do you remember where it was? I want to contact him and find out what county his land is in and then check on any suits filed by Antero to see what they are doing.

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