How can a landowner be sure their lease stays with a USA domestic oil and gas company ?
What can landowners do to make sure their lease stays with a US domestic oil and gas company?
We need to make sure our precious domestic American oil and gas isn't owned and controlled by any foreign country, especially those with evidence of hostility towards America.
Generations of American have been violently manipulated by the international organizations which control the supply of oil. America has fallen to #2 while China has risen to #1 in global economics. Americans are suffering from long term financial stress and many little hope for economic and social recovery. Yet, we find we are sitting on the largest, most valuable oil and gas reserves in the world!
Generations of Americans have had to submit by paying a high price when our government decides to fight wars over foreign oil, government pay-offs to terrorists and warlords in exchange for fewer attacks on foreign supply lines,
Oil prices affect every American at the gas pump, at the grocery store, and for all goods and services we use every day.
Recently, huge reserves of domestic oil and gas have been discovered in America!
According to production reports the oil and gas find in the North Eastern United States is larger than anything we've ever seen, including everything in the Middle East!
According to www.gomarcellusshale.com the 2 largest producing wells in the US are currently reported to be located in Monroe County, Ohio and in Harrison County, Ohio.
The potential economic and social benefits of this discovery is America's only hope for survival as a nation. Domestic oil and gas production controlled by Americans will mean businesses and jobs for Americans, stable income for Americans, increased funding for social programs, and a stronger stable nation. We wouldn't need to participate in wars over foreign oil, we could finally bring our troops home, and have good paying jobs for all Americans.
Domestic oil and gas, if managed properly, gives our nation the opportunity to be self-sustaining and finally cut ties with the foreign entities which so easily manipulate us with foreign oil.
It is very alarming to hear that Chesapeake and others intend to sell out to Communist China.
As China negotiates to buy Chesapeake, our government remains oblivious and uninvolved.
No one has stepped up to make sure these desperate deals made by CEO's will not harm American citizens!
What laws and regulations exist which protect American citizens, American natural resources, (oil, gas, water, uranium, etc) and America's vital infrastructure from being purchased, controlled and manipulated by potentially hostile
foreign entities?
Another concern is that many landowners were told that the lease was for oil and gas, but the actual lease is for ALL minerals from the surface to the center of the earth. This includes Uranium or Throium or other Radioactive components. If the leases are sold to China, they could inherit the rights to radioactive materials, as well.
What legal action can be taken by landowners to change the current contracts or leases to indicate they do not want their property to fall under control of a foreign nation ?
What can the Governor of Ohio do to protect Ohio residents who sold their mineral rights to Chesapeake and others who may act with wreckless disregard for the landowners and the nations best interest?
Will Gov. Kasich create regulations which prevent foreign countries from manipulating our very own oil and gas supplies against Ohio residents?
What provisions should landowners include in future contracts to prevent the sale or transfer of their lease to a communist controlled country such as China or any organization with hostile intent towards America?
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Replies to This Discussion
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Permalink Reply by 0l1a6laz7smpf on
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first of all it would be kind of you to make your statements not as insults...as you never know when you might have a bad day...or if someone else is...and we come here to chat and discuss not insult.
now that is said...I didn't say to keep our military bases ok where they are...I see that I didn't type the word 'it' after the word 'is' so I am sorry ...I was only asking cause the sentence is 'but is IT to pay to keep our military bases ok where they are?...so sorry that was misconstrued. was meant as a question not a statement as if it was true..don't want to delete it right now as I cannot edit it.
Now I had watched a special on tv when osama was shot...and the info was about the funds that the USA had paid Pakistan for having troops in the area and to be able to maintain those troops without problems being in the area...so I assume that they meant having military location/facilites in the area as well as just man power.
I couldn't find the link to the info exactly..but this was somewhat similar.
http://www.nytimes.com/2007/12/24/world/asia/24military.html?pagewa...
Yes, there are funds sent to certain countries just to maintain peaceful relations and have favors...clearly, they even give gifts (been doing so for centuries). In Japan they pay the USA to have a base there (though I saw online they want to save the money and get the usa base out...but not sure that is true)... and in other places there is rent payments...and in some places the USA owns. But the real course of the subject is as more and more of China is buying in here in the uSA then of course they may want an air base also...these are new times.
I forgive you...I was having a tough day...and would rather converse kindly with you,
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Permalink Reply by Who is John Galt? on
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Please tell your husband that someone is very grateful for his service and all he has done to help protect the people and constitution of the United States of America.
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Permalink Reply by 3uq96odaochmj on
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aaahhhh........once the lease is signed, probably nothing can be done. you should have thought of this before you signed the lease.
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that's why a recall of the 'assigns clause' to be redefined by our government to protect the USA and the landowner needs done. And it can be done...by the government getting involved and caring to do so.
An amendment to a contract can be done and ordered by our govt. such as when the oil company wanted some to amend the lease to add 'force majeure clauses" they did send amended leases.
some of the folks that signed these leases surely was not aware of the fact that it would not stay as US holdings. to find out that China and India and other countries could eventualy be their lessee is just now being found out but after the fact. thanks Jasper for your input here.
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So.... here is an actual excerpt from a CHK lease. Where in this lease language do you conjure up the impression that uranium is one of the items that CHK has the right to remove?
..." CHESAPEAKE APPALACHIA, L.L.C., an Oklahoma limited liability company,
900 Pennsylvania Ave., P. 0. Box 6070, Charleston, WV 25362. hereinafter called Lessee'.
WITNESSETH, that for and in consideration of the premises, and of the mutual covenants and agreements hereinafter set forth, the Lessor and Lessee agree as follows:
LEASING CLAUSE. Lessor hereby leases exclusively to Lessee all the oil and gas (including, but not limited to coal scam gas, coalbed methane gas, coalbed gas, methane gas, gob gas, occluded methane/natural gas and all associated natural gas and other hydrocarbons and non-hydrocarbons contained in, associated with, emitting from, or produced/originating within any formation, gob area, mined-out area, coal seam, and all communicating zones), and their liquid or gaseous constituents, whether hydrocarbon or non-hydrocarbon, underlying the land herein leased, together with such exclusive rights as may be necessary or convenient for Lessee, at its election, to explore for, develop, produce. measure, and market production from the Leasehold, and from adjoining lands, using methods and techniques which are not restricted to current technology, including the right to conduct geophysical and other exploratory tests: to drill, maintain, operate, cease to operate, plug, abandon, and remove wells; to use or install roads, electric power and telephone facilities.
and to construct pipelines with appurtenant facilities, including data acquisition, compression and collection facilities for use in the production and transportation of products frotn tlte Leasehold or from neighboring lands across the Leasehold, to use oil, gas, and non-domestic water sources, free of cost, to store gas of' any kind underground, regardless of the source thereof, including the injecting of gas therein and removing the same therefrom; to protect stored gas; to operate, maintain, repair, and remove material and equipment.
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I suspect they will hang their hat on the phrase "including, but not limited to"... which would be an erroneous conclusion on their part. The phrase including but not limited to does not enlarge the basic grant, which is solely for OIL AND GAS extraction. The including but not limited is simply an effort to list all of the various component parts that make up a typical oil and gas stream, but just in case somebody comes up with something new in the way of an associated hydrocarbon, they throw in the including but not limited to language.
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Jacque,
Are you an attorney?
You have mentioned a few things, but didn't mention how you have arrived at your conclusions.
I am not an attorney, however I do believe it takes an attorney to deceipher the words and meanings of phrases in a contract.
you wrote, "The phrase including but not limited to does not enlarge the basic grant, which is solely for OIL AND GAS extraction. "
How does one know for certain that the basic grant is solely for Oil and Gas extraction .. by the title?
Even if the title says this, if the contract is sold to another entity which desires all the resources available to them by virtue of the lease, are they restricted to just oil and gas extraction?
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all the oil and gas is the lease that Jacque posted... no mention of minerals...mine has mention of minerals (uranium is a mineral).
now the phrase including but not limited to is a description of the gas (as the list is including different facets and names of gases and the phrase is right after the word 'gas').
so it is inclusive of gas and not limited to the list defined regarding 'gas'.
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I don't see the word 'minerals' included or excluded in that clause you posted Jacque...is it there?
Uranium is considered a mineral ...on this discussion page one I posted the lease clause on a contract lease and it excludes 'hard' minerals...does anyone know if uranium is a 'hard mineral'? I have asked a few times here...anyone know?
here it is again:
Lessor hereby leases exclusively to Lessee all the oil, gas and coalbed methane and other minerals (not including coal or hard minerals) produced in conjunction therewith,
I think some forget that not all these contracts even by the same company are the same wording...so that mine has 'no hard minerals'..but has minerals and the one Jacque posted does not even have the word 'minerals'.
also let me remind you we are not just talking extraction....our leases also give rights to put in roads, storage stations, compressor stations, pipelines, ...without even limiting how much of the property that would take. Seriously, some have given their entire acreage over to the oil company with that one contract...except the area of their existing house/barn whatever and the footage stated in the contract. So if someone leases for 25 an acre some years back and they have say 20 acres and the oil company puts in roads and production facilities and then decides not to produce for whatever reason (which some are doing) ...then it may be years that the owner has to see all that equipment and not have access for his/her use of whatever they want to do...and all for 25per acre? and have people come at all hours to the drill site to do 'flare ups' for maintanence...know what flaring is with these wells?
and now to find out that China may be the new owner of their lease? they were having problems with the US company putting in the pipelines to the drilling platform (which in some cases was put there just to hold the units for who knows how long?). I think not only the assigns clause needs looked at...but a better way to improve what was deceiving to tell someone that they can just renew in 5 years if no production...only to find out that one vertical well could perhaps hold an 1200acre (comprised of several different leases) in place for who knows how long?
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Are you aware that a uranium ore mine existed in Belmont County?
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LEASING CLAUSE. Lessor hereby leases exclusively to Lessee all the oil and gas (including, but not limited to...
I was told by an attorney that 'including, but not limited to ' essentially means everything unless it was specifically excluded.
How many forms of natural radioactive materials exist?
My understanding is many forms exist.
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KS... I hate to be the one to break it to you, but you apparently hired an incompetent attorney. The "granting clause" language is specifically limited to "ALL OF THE OIL AND GAS", the limiting language which follows is merely an attempt to list all of the various components that can be considered as being included in the oil and/or gas stream. The phrase including but not limited merely references the fact that the list of oil and gas components may not necessarily be all inclusive, but they are indeed limited to being oil and gas components and are not construed as dragging in every other mineral found on the face of the planet.
The word mineral that appears to be included in the specific lease that USA Landowner mentions is a throw back to leases used in other parts of the country. In some areas there are substantial quantities of minerals (primarily sulfer) that are produced in association with natural gas and companies actually extract the sulfer from the gas stream... 1) because they have to in order for the gas to meet pipeline specifications, and 2) because there is a market that buys the sulfer for a pretty good price.
Uranium, in the form it exists in trace particles in shale gas, is not a recoverable mineral. You would have a more lucrative career dismantling X ray machines for their radioactive materials than you would trying to obtain uranium from natural gas production.
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