Imo, the industry is more interested in using forced pooling legislation as an inducement to landowners to sign leases rather than to force pool land. With force pooled land, they would not be able to hbp the remainder of a property and they would not get their laundry list of ancillary rights.
"Natural gas industry changes tactics for forced pooling in Fort Worth
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.. So, what's the real motivation for the MIPA [forced pooling] case?
"This will help us," Johnson [Chesapeake lawyer] said under questioning from commissioners, "to convince people that they ought to lease."
In other words, if Chesapeake can get its desired ruling from the commission and establish this case as the MIPA precedent, the company has more leverage. If people don't accept the lease terms offered by the company, Chesapeake can bring another MIPA case. Eventually, it'll be routine. ..."
http://www.star-telegram.com/2011/07/14/3222593/natural-gas-industr...
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Tags:
Looks like a deal that is geared to stealing the gas from the landowners no matter what they do.... lease or not lease!
Bill L.
aka Bummy
According to the article:
"Johnson said Chesapeake would "carry" the property owners who did not have the money to pay upfront, taking their investment and risk penalty out of their share of gas produced from the well. Hearings examiner Doherty argued that anyone who had taken that offer on any of the four already-drilled wells would not yet have seen a payout, three years after drilling was completed."
paleface,
Use the link button to add URLs to a post.
I didn't say one way or the other whether I thought it was a fair buy-in price. In PA, a well costs, give or take, $4M. With a full 640 acre unit, that would be $6,250/acre/well. Payout would be in the same proportion as buy-in, after any risk penalty was paid and operating expenses were deducted.
Just wondering if my understanding of the forced pooling is correct. If someone is leased with the primary driller ( lets say Shell ) of the unit they would receive the agreed royalty rate ( minimum 12.5% ) based on their % of the unit ? If another company held leases to the properties ( lets say Chesapeake) that were part of the forced pool, They would chose how to participate . After well expenses and such are deducted they would recive 100% Profit based on the % of the pooled unit . Chesapeake would then pay their agreed royalty to the land owner based on that lease. If a private individual was forced pooled there is no reason for them to be intitlled to any less than 100% of the Profit (based on % of unit) after well expenses and sutch , If they chose to participate.
How well/poorly an individual landowner would do depends on the state's forced pooling law and the selling price of natural gas. The usual gotcha for the landowner who can't/won't pre-pay his proportional share of the drilling costs is a "risk penalty". That is, the well costs have to be paid more than once before profit sharing kicks in for the non-participating landowner. Arkansas has a 400% risk penalty which, given the current low price of gas, essentially translates to "lots of luck ever seeing a penny of profit sharing", But, on the plus side, AK does require payment of a royalty to the non-participating owner. For example, 1/8 of the landowner's share would be paid as royalty and 7/8 would go to paying down the risk penalty. Otoh, Louisiana imposes no risk penalty so those landowners do stand a chamce of getting some profit sharing $$.
BTW, I read yesterday that Corbett has said he might consider company-to-company forced pooling ... which is what Yaw proposed.
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