How Courts Are Clarifying Ohio Law On Gas Royalties (Law 360) - GoMarcellusShale.com2024-03-29T13:21:04Zhttps://gomarcellusshale.com/forum/topics/how-courts-are-clarifying-ohio-law-on-gas-royalties-law-360?commentId=2274639%3AComment%3A772760&feed=yes&xn_auth=noHow many attorneys presided o…tag:gomarcellusshale.com,2018-02-23:2274639:Comment:7730452018-02-23T05:57:20.482ZInchworm antennahttps://gomarcellusshale.com/profile/BobBauers
How many attorneys presided over lease negotiations that enabled CHK to put the market enhancement clause?
How many attorneys presided over lease negotiations that enabled CHK to put the market enhancement clause? I'm not sure, but how are the…tag:gomarcellusshale.com,2018-02-22:2274639:Comment:7730372018-02-22T20:40:54.479ZMoney Bagshttps://gomarcellusshale.com/profile/MoneyBags
I'm not sure, but how are they to charge you a market enhancement after the fact? If your lease specifically states a percentage at the well head. Also since your entitled to a percentage of this gas how can they not pay you for your percentage of the gas they flare or loose since this also comes after the well head??
I'm not sure, but how are they to charge you a market enhancement after the fact? If your lease specifically states a percentage at the well head. Also since your entitled to a percentage of this gas how can they not pay you for your percentage of the gas they flare or loose since this also comes after the well head?? How does this affect the drea…tag:gomarcellusshale.com,2018-02-18:2274639:Comment:7727102018-02-18T23:16:38.490ZDotthttps://gomarcellusshale.com/profile/DeborahOtt
<p>How does this affect the dreaded "Market Enhancement" clause in the leases. If at the beginning of the lease it states no deductions directly and in directly for transporting, processing etc (on and on) but then has the "if however" followed by the usual Market Enhancement Clause. Does this ruling change anything to benefit the O&G owner or can the companies still deduct whatever they want under the guise of the Market Enhancement clause?</p>
<p>How does this affect the dreaded "Market Enhancement" clause in the leases. If at the beginning of the lease it states no deductions directly and in directly for transporting, processing etc (on and on) but then has the "if however" followed by the usual Market Enhancement Clause. Does this ruling change anything to benefit the O&G owner or can the companies still deduct whatever they want under the guise of the Market Enhancement clause?</p> Thanks Paultag:gomarcellusshale.com,2018-02-16:2274639:Comment:7727602018-02-16T18:49:58.347ZKeith Mauck (Site Publisher)https://gomarcellusshale.com/profile/marcellus_shale
<p>Thanks Paul</p>
<p>Thanks Paul</p> Keith, that's absolutely righ…tag:gomarcellusshale.com,2018-02-13:2274639:Comment:7723892018-02-13T01:14:03.574ZPaul R. Yagelskihttps://gomarcellusshale.com/profile/PaulRYagelski
<p>Keith, that's absolutely right. The contract controls. Whatever the dispute is, whether it's over royalties or some other matter covered by the lease, the first place that the courts will look is the provisions of the lease. The courts look at the lease as a contract and the intentions of the parties as expressed in the lease are paramount and controlling. The parties are free to contract as to the royalty provision and its language, just like any other provision. Even if Ohio,and PA follow…</p>
<p>Keith, that's absolutely right. The contract controls. Whatever the dispute is, whether it's over royalties or some other matter covered by the lease, the first place that the courts will look is the provisions of the lease. The courts look at the lease as a contract and the intentions of the parties as expressed in the lease are paramount and controlling. The parties are free to contract as to the royalty provision and its language, just like any other provision. Even if Ohio,and PA follow the "at the well," this can be changed by the parties.</p>