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Is the land in Belmont?
Did they check with an attorney in 2009, 2010, or 2011 when leasing interest was increasing due to shale to determine their options due to the no-longer paying old lease?
Did they file an affidavit of forfeiture with the county recorder due to the non-producing wells?
Did they check with an attorney in 2011 when the "back royalties" check showed up to determine the ramifications of cashing them?
Did these people cash the "back royalties" checks?
If the wells were "inoperable" as you say, they couldn't have been producing, so how could the new company issue "back royalties" for O&G that was not produced?
What exactly were those payments for?
Lotsa questions that need answering here.
From what you've said, I'm not sure why this would go to court. A good O&G attorney would file the affidavit of forfeiture and then have it recorded once the response period was up. The O&G surely could not justify not paying for numerous years and would be required by law to give up the lease.
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