Ohio force pooling

If someone owns the minerals of a unit and has more than 10% of the unit can they be forced pooled? I have heard conflicting ideas on this.

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Permalink Reply by Tusc-county-man on February 13, 2018 at 7:41am

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

Permalink Reply by Barry D on February 13, 2018 at 8:27am

Why wouldn't that person want their oil property in the unit?

Permalink Reply by Tusc-county-man on February 13, 2018 at 10:11am

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

Permalink Reply by Barry D on February 13, 2018 at 5:12pm

I do not believe any of those reasons would prevent mandatory pooling.

But, that's me.

Permalink Reply by Gary L on February 13, 2018 at 5:54pm

Interesting read the other day,  thought it may fit in this category. 

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2018/2018-Ohio-256.pdf

Gary L

Permalink Reply by martin on February 14, 2018 at 1:40am

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%. 

Permalink Reply by Rick S. on February 14, 2018 at 4:41am

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.

Permalink Reply by Barry D on February 14, 2018 at 5:06pm

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.

Permalink Reply by bo boboski on February 14, 2018 at 8:00am

They should use the force pool laws for drilling under the Ohio interstates. Or has that already been tried?

Permalink Reply by Dan on February 14, 2018 at 4:18pm

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.

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