Hoping we don't see a lot of Forced Pooling Applications to the ODNR to pool lands / landowners into substandard tailgate leases. That's always been of serious concern to me - and don't know why it doesn't seem so to everyone else.
That's why I think Ohio needs to either revise force pooling rules to provide a modern land / landowner cognizant Leasehold with a minimum $3,000 / acre sign on bonus / paid up front delay rental and at least a 12.5% guaranteed royalty - or repeal force pooling / force unitization laws / rules altogether.
Something like that would need to be applied to all Ohio forced pooling / forced unitization applications for any long horizontal bore in any strata / for all pooled acreage amounts - HBP or whatever.
All as it always is, only IMHO.
Kindly take the new link above as old link failed.
Quite a few views but no volunteers yet.
Where are you Chairperson ? ?
Maybe a Legislator Landowner to Chair the Committee would be viewed by his 'fellows' as having a conflict of interests.
Maybe we could ask Mr. Keith Mauck to chair the committee for us and for him to develop a petition based on member concerns and which we could become signatory to on-line and which he would forward to our Ohio Legislators ?
What do you say Mr. Mauck ? Is something like that possible ?
I'm still looking for more 'like minded' members to reply.
Does the membership think it's a good idea to petition our legislators for changes to the forced pooling / forced unitization rules or not ?
Haven't seen such a petition to date myself. Has anyone seen such ?
Thanks to Member Mike Murphy (on a different page and similar discussion) I am now aware that GMS can't / won't draft and circulate such among it's membership but has anyone else or perhaps some landowner group (in the Utica Ohio's northern tier preferably) done it yet I wonder ?
Gave it a little more thought and came up with the following ideas (for what they may or may not be worth) :
A 5 year 'Initial Term' Lease @ 5k per Leased Acre (Sign On Bonus / Delay Rental) with a Minimum 3k per Leased Acre 'Paid Up Front' ; with no well developed or if well developed but 'Shut-In', could work something like as follows :
A) Upfront = 3k per Leased acre
With remaining Balance of 5k per Leased Acre paid over the 60 month Primary / Initial Term
B) The Principal and remaining Balance would be calculated as follows :
(Leased Acres x 5k per Leased Acre) - (Leased Acres x 3k per Leased Acre)
C) Remainder of Sign On Bonus / Delay Rental paid in Monthly Installments first calculated on the basis of no well developed as follows :
(Leased Acres x 5k per Leased Acre) - (Leased Acres x 3k per Leased Acre) / 60
If a well is developed during the 'Initial Term' or any subsequent 'Renewed Term' and production is established but is being 'Throttled' / 'Choked Back' ; the principal is recalculated @4k per leased acre (and the 3k per leased acre paid up front considered). In that event the newly calculated monthly installment payment would be reduced, or may be paid in full, or may be exceeded by virtue of only Throttled Production royalty.
Under the circumstances that the minimum 3k per Leased Acre has been paid, and a well is developed, and production is being Throttled, and if the royalty paid to the landowner exceeds the monthly installment payment calculated at the well's Throttled condition; the well would be considered as running at Full Throttle / Full Capacity and any remaining initial signing bonus / initial delay rental payment would be waived / re-calculated at 0k per Leased Acre. But, if the royalty paid to the landowner does not exceed the calculated monthly Throttled Condition installment payment, the difference would be added to the monthly royalty payment.
The same format could be applied to any $ per Leased Acre figure negotiated / agreed to.
A little complicated; but, I think indicative of a lessor's motivation and their desire to co-operate with an equally motivated / cooperative lessee.
Take the link to another group's discussion of the same for a read of what a few other folks are writing about.