Yes, they can be forced pooled.
90+% of the unit under lease is general rule of thumb....but Ohio Division Chief has leeway.
Pooling Law: http://codes.ohio.gov/orc/1509.27
Why wouldn't that person want their oil property in the unit?
maybe they don't like the terms offered
maybe they are against Fracking
maybe they just want to left alone
maybe they are out to screw the neighbors
I do not believe any of those reasons would prevent mandatory pooling.
But, that's me.
Interesting read the other day, thought it may fit in this category.
Thanks guys. It does involve a person in the unit that is anti oil and gas the owns about 20% of the unit. I have heard if they own less than 10% they can be forced pooled. I was wondering if they can force pool someone that owns 20%.
if I am not mistaken Ohio law states that if a gas company has 65% of the acreage in the unit leased they can apply for forced pooling, its up to the DNR to grant it.
The answer is another - it depends.
There is a process that a company can follow to apply for mandatory pooling.
Although the process is defined there are some ambiguities.
A part of the ODNR mandate is to provide for the efficient development of the
resources of the state, including oil and gas etc.
The size of the tract may not be the critical issue in the equation of mandatory
pooling, for the ODNR.
The simple answer is this, I could imagine a scenario where the ODNR would allow
mandatory pooling for a tract of the size you have suggested. It just depends on so
many other factors.
I am certain that the landowner being anti development of fossil fuels will not enter into
the decision process.
They should use the force pool laws for drilling under the Ohio interstates. Or has that already been tried?
This is a concern if you sell a % of your rights. You can be giving up your ability to negotiate new leases or clauses and be force pooled.