際際滷shows by User: rburnett_hhlaw / http://www.slideshare.net/images/logo.gif 際際滷shows by User: rburnett_hhlaw / Tue, 13 Nov 2012 11:49:29 GMT 際際滷Share feed for 際際滷shows by User: rburnett_hhlaw Shut-In Royalty /slideshow/shutin-royalty/15158640 h0844214-13528288238656-phpapp02-121113115013-phpapp02
This is a familiar but troubling issue for a growing number of landowners throughout the Marcellus Shale fairway. Imagine you own 145 acres in Tioga County, Pennsylvania. You sign a lease with a modest signing bonus in 2007. You soon realize that your signing bonus is considerably less than your neighbor who signed after you. You contact the landman and inquire why. He tells you not to worry because a Marcellus well will soon be drilled on your property and the monthly royalties will be tens of thousands of dollars.]]>

This is a familiar but troubling issue for a growing number of landowners throughout the Marcellus Shale fairway. Imagine you own 145 acres in Tioga County, Pennsylvania. You sign a lease with a modest signing bonus in 2007. You soon realize that your signing bonus is considerably less than your neighbor who signed after you. You contact the landman and inquire why. He tells you not to worry because a Marcellus well will soon be drilled on your property and the monthly royalties will be tens of thousands of dollars.]]>
Tue, 13 Nov 2012 11:49:29 GMT /slideshow/shutin-royalty/15158640 rburnett_hhlaw@slideshare.net(rburnett_hhlaw) Shut-In Royalty rburnett_hhlaw This is a familiar but troubling issue for a growing number of landowners throughout the Marcellus Shale fairway. Imagine you own 145 acres in Tioga County, Pennsylvania. You sign a lease with a modest signing bonus in 2007. You soon realize that your signing bonus is considerably less than your neighbor who signed after you. You contact the landman and inquire why. He tells you not to worry because a Marcellus well will soon be drilled on your property and the monthly royalties will be tens of thousands of dollars. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/h0844214-13528288238656-phpapp02-121113115013-phpapp02-thumbnail.jpg?width=120&amp;height=120&amp;fit=bounds" /><br> This is a familiar but troubling issue for a growing number of landowners throughout the Marcellus Shale fairway. Imagine you own 145 acres in Tioga County, Pennsylvania. You sign a lease with a modest signing bonus in 2007. You soon realize that your signing bonus is considerably less than your neighbor who signed after you. You contact the landman and inquire why. He tells you not to worry because a Marcellus well will soon be drilled on your property and the monthly royalties will be tens of thousands of dollars.
Shut-In Royalty from Robert Burnett
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Lease Cancellation Suit to Move Forward /slideshow/lease-cancellation-suit-to-move-forward-15085513/15085513 h0806091-13523895792803-phpapp01-121108094800-phpapp01
Throughout Pennsylvania it is not uncommon to encounter gas wells that were drilled over 100 years ago. These ancient wells were drilled pursuant to oil/gas leases that often pre-date the turn of the century. In many cases, the original lessee only drilled a single well and never developed the remaining acreage under the lease. Can that single well drilled in the 1920s now hold an entire 200 tract of land? This is a common and troubling issue for landowners throughout the Commonwealth. In a recent decision of the federal district court in Pittsburgh, the trial court recognized this hardship and allowed a lease cancellation suit filed by the landowner to move forward.]]>

Throughout Pennsylvania it is not uncommon to encounter gas wells that were drilled over 100 years ago. These ancient wells were drilled pursuant to oil/gas leases that often pre-date the turn of the century. In many cases, the original lessee only drilled a single well and never developed the remaining acreage under the lease. Can that single well drilled in the 1920s now hold an entire 200 tract of land? This is a common and troubling issue for landowners throughout the Commonwealth. In a recent decision of the federal district court in Pittsburgh, the trial court recognized this hardship and allowed a lease cancellation suit filed by the landowner to move forward.]]>
Thu, 08 Nov 2012 09:47:43 GMT /slideshow/lease-cancellation-suit-to-move-forward-15085513/15085513 rburnett_hhlaw@slideshare.net(rburnett_hhlaw) Lease Cancellation Suit to Move Forward rburnett_hhlaw Throughout Pennsylvania it is not uncommon to encounter gas wells that were drilled over 100 years ago. These ancient wells were drilled pursuant to oil/gas leases that often pre-date the turn of the century. In many cases, the original lessee only drilled a single well and never developed the remaining acreage under the lease. Can that single well drilled in the 1920s now hold an entire 200 tract of land? This is a common and troubling issue for landowners throughout the Commonwealth. In a recent decision of the federal district court in Pittsburgh, the trial court recognized this hardship and allowed a lease cancellation suit filed by the landowner to move forward. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/h0806091-13523895792803-phpapp01-121108094800-phpapp01-thumbnail.jpg?width=120&amp;height=120&amp;fit=bounds" /><br> Throughout Pennsylvania it is not uncommon to encounter gas wells that were drilled over 100 years ago. These ancient wells were drilled pursuant to oil/gas leases that often pre-date the turn of the century. In many cases, the original lessee only drilled a single well and never developed the remaining acreage under the lease. Can that single well drilled in the 1920s now hold an entire 200 tract of land? This is a common and troubling issue for landowners throughout the Commonwealth. In a recent decision of the federal district court in Pittsburgh, the trial court recognized this hardship and allowed a lease cancellation suit filed by the landowner to move forward.
Lease Cancellation Suit to Move Forward from Robert Burnett
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Federal Court Rules that Assignment of Oil/Gas Lease May Not Extinguish Liability of Original Lessee /slideshow/federal-court-rules-that-assignment-of-oilgas-lease-may-not-extinguish-liability-of-original-lessee/15066834 h0834210-13522983214497-phpapp01-121107082958-phpapp01
Landowners are often alarmed and angered when they receive word that the oil/gas lease they executed several years ago, after months of intense and personal negotiations, has been assigned to an unknown, unfamiliar gas operator. This anxiety is amplified when the landowners phone calls or letters go unanswered, the royalty checks are late or are not made at all and the once well-maintained well pad site is now overgrown and in a state of disrepair. Can the landowner seek redress against the original gas operator? A federal court in Pittsburgh recently addressed this issue and suggested that the assignment of an oil/gas lease may not relieve the original gas operator from liability.]]>

Landowners are often alarmed and angered when they receive word that the oil/gas lease they executed several years ago, after months of intense and personal negotiations, has been assigned to an unknown, unfamiliar gas operator. This anxiety is amplified when the landowners phone calls or letters go unanswered, the royalty checks are late or are not made at all and the once well-maintained well pad site is now overgrown and in a state of disrepair. Can the landowner seek redress against the original gas operator? A federal court in Pittsburgh recently addressed this issue and suggested that the assignment of an oil/gas lease may not relieve the original gas operator from liability.]]>
Wed, 07 Nov 2012 08:28:03 GMT /slideshow/federal-court-rules-that-assignment-of-oilgas-lease-may-not-extinguish-liability-of-original-lessee/15066834 rburnett_hhlaw@slideshare.net(rburnett_hhlaw) Federal Court Rules that Assignment of Oil/Gas Lease May Not Extinguish Liability of Original Lessee rburnett_hhlaw Landowners are often alarmed and angered when they receive word that the oil/gas lease they executed several years ago, after months of intense and personal negotiations, has been assigned to an unknown, unfamiliar gas operator. This anxiety is amplified when the landowners phone calls or letters go unanswered, the royalty checks are late or are not made at all and the once well-maintained well pad site is now overgrown and in a state of disrepair. Can the landowner seek redress against the original gas operator? A federal court in Pittsburgh recently addressed this issue and suggested that the assignment of an oil/gas lease may not relieve the original gas operator from liability. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/h0834210-13522983214497-phpapp01-121107082958-phpapp01-thumbnail.jpg?width=120&amp;height=120&amp;fit=bounds" /><br> Landowners are often alarmed and angered when they receive word that the oil/gas lease they executed several years ago, after months of intense and personal negotiations, has been assigned to an unknown, unfamiliar gas operator. This anxiety is amplified when the landowners phone calls or letters go unanswered, the royalty checks are late or are not made at all and the once well-maintained well pad site is now overgrown and in a state of disrepair. Can the landowner seek redress against the original gas operator? A federal court in Pittsburgh recently addressed this issue and suggested that the assignment of an oil/gas lease may not relieve the original gas operator from liability.
Federal Court Rules that Assignment of Oil/Gas Lease May Not Extinguish Liability of Original Lessee from Robert Burnett
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Subsurface Trespass /slideshow/subsurface-trespass/8597703 h0731475-13106631667831-phpapp01-110714120857-phpapp01
This is a familiar yet troubling question. Imagine that you own 150 acres in southwestern Pennsylvania. You have received offers from several prominent gas producers but have not yet signed a lease. Your neighbor, however, did sign a Marcellus lease a few years ago. A typical Marcellus well pad site was erected about 600 yards from your property line. Hydraulic fracturing operations are now complete and the horizontal well is now producing 15 mcf of gas per week. You were told that the horizontal well borewhich is approximately 6,000 feet below the grounddoes not encroach or cross your surface boundary. Nonetheless, you are concerned that your neighbor could be draining gas from underneath your property. If so, can you stop your neighbor from taking your gas? As with many oil/gas issues, the answer to this question is based on a unique aspect of oil/gas law: the rule of capture.]]>

This is a familiar yet troubling question. Imagine that you own 150 acres in southwestern Pennsylvania. You have received offers from several prominent gas producers but have not yet signed a lease. Your neighbor, however, did sign a Marcellus lease a few years ago. A typical Marcellus well pad site was erected about 600 yards from your property line. Hydraulic fracturing operations are now complete and the horizontal well is now producing 15 mcf of gas per week. You were told that the horizontal well borewhich is approximately 6,000 feet below the grounddoes not encroach or cross your surface boundary. Nonetheless, you are concerned that your neighbor could be draining gas from underneath your property. If so, can you stop your neighbor from taking your gas? As with many oil/gas issues, the answer to this question is based on a unique aspect of oil/gas law: the rule of capture.]]>
Thu, 14 Jul 2011 12:07:55 GMT /slideshow/subsurface-trespass/8597703 rburnett_hhlaw@slideshare.net(rburnett_hhlaw) Subsurface Trespass rburnett_hhlaw This is a familiar yet troubling question. Imagine that you own 150 acres in southwestern Pennsylvania. You have received offers from several prominent gas producers but have not yet signed a lease. Your neighbor, however, did sign a Marcellus lease a few years ago. A typical Marcellus well pad site was erected about 600 yards from your property line. Hydraulic fracturing operations are now complete and the horizontal well is now producing 15 mcf of gas per week. You were told that the horizontal well borewhich is approximately 6,000 feet below the grounddoes not encroach or cross your surface boundary. Nonetheless, you are concerned that your neighbor could be draining gas from underneath your property. If so, can you stop your neighbor from taking your gas? As with many oil/gas issues, the answer to this question is based on a unique aspect of oil/gas law: the rule of capture. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/h0731475-13106631667831-phpapp01-110714120857-phpapp01-thumbnail.jpg?width=120&amp;height=120&amp;fit=bounds" /><br> This is a familiar yet troubling question. Imagine that you own 150 acres in southwestern Pennsylvania. You have received offers from several prominent gas producers but have not yet signed a lease. Your neighbor, however, did sign a Marcellus lease a few years ago. A typical Marcellus well pad site was erected about 600 yards from your property line. Hydraulic fracturing operations are now complete and the horizontal well is now producing 15 mcf of gas per week. You were told that the horizontal well borewhich is approximately 6,000 feet below the grounddoes not encroach or cross your surface boundary. Nonetheless, you are concerned that your neighbor could be draining gas from underneath your property. If so, can you stop your neighbor from taking your gas? As with many oil/gas issues, the answer to this question is based on a unique aspect of oil/gas law: the rule of capture.
Subsurface Trespass from Robert Burnett
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To Drill or Not to Drill: Does PA Recognize an Implied Covenant of Further Exploration? /slideshow/to-drill-or-not-to-drill-does-pa-recognize-an-implied-covenant-of-further-exploration-6946393/6946393 rjbdrill-12978656402686-phpapp02
Over the last 18 months natural gas operators from all over the world have converged on Western Pennsylvania. Their goal has been to secure new leases from landowners holding valuable mineral rights in the deeper Marcellus Shale formation. This rush to access the Marcellus Shale is now creating tension between landowners with existing oil/gas leases and their respective lessees. The royalty payments generated from these older, shallow well leases pale in comparison to the large signing bonuses and high-volume royalties associated with deeper Marcellus wells. As such, many of these landowners are now trying to get out of their existing leases and sign new, potentially more lucrative, Marcellus leases.]]>

Over the last 18 months natural gas operators from all over the world have converged on Western Pennsylvania. Their goal has been to secure new leases from landowners holding valuable mineral rights in the deeper Marcellus Shale formation. This rush to access the Marcellus Shale is now creating tension between landowners with existing oil/gas leases and their respective lessees. The royalty payments generated from these older, shallow well leases pale in comparison to the large signing bonuses and high-volume royalties associated with deeper Marcellus wells. As such, many of these landowners are now trying to get out of their existing leases and sign new, potentially more lucrative, Marcellus leases.]]>
Wed, 16 Feb 2011 08:15:10 GMT /slideshow/to-drill-or-not-to-drill-does-pa-recognize-an-implied-covenant-of-further-exploration-6946393/6946393 rburnett_hhlaw@slideshare.net(rburnett_hhlaw) To Drill or Not to Drill: Does PA Recognize an Implied Covenant of Further Exploration? rburnett_hhlaw Over the last 18 months natural gas operators from all over the world have converged on Western Pennsylvania. Their goal has been to secure new leases from landowners holding valuable mineral rights in the deeper Marcellus Shale formation. This rush to access the Marcellus Shale is now creating tension between landowners with existing oil/gas leases and their respective lessees. The royalty payments generated from these older, shallow well leases pale in comparison to the large signing bonuses and high-volume royalties associated with deeper Marcellus wells. As such, many of these landowners are now trying to get out of their existing leases and sign new, potentially more lucrative, Marcellus leases. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/rjbdrill-12978656402686-phpapp02-thumbnail.jpg?width=120&amp;height=120&amp;fit=bounds" /><br> Over the last 18 months natural gas operators from all over the world have converged on Western Pennsylvania. Their goal has been to secure new leases from landowners holding valuable mineral rights in the deeper Marcellus Shale formation. This rush to access the Marcellus Shale is now creating tension between landowners with existing oil/gas leases and their respective lessees. The royalty payments generated from these older, shallow well leases pale in comparison to the large signing bonuses and high-volume royalties associated with deeper Marcellus wells. As such, many of these landowners are now trying to get out of their existing leases and sign new, potentially more lucrative, Marcellus leases.
To Drill or Not to Drill: Does PA Recognize an Implied Covenant of Further Exploration? from Robert Burnett
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Payment of Delay Rentals Alone Cannot Extend Lease Into Secondary Term /slideshow/payment-of-delay-rentals-alone-cannot-extend-lease-into-secondary-term/6946355 rjbdelay-12978653247717-phpapp02
The Pennsylvania Superior Court recently addressed the issue of whether the mere payment of delay rentals can extend a gas lease beyond its primary term. In Hite v. Falcon Partners, et al., 2011 WL 9632 (January 4, 2011), the Superior Court rejected the gas producers argument that a non-producing lease can be preserved indefinitely simply by making delay rental payments. In siding with the landowner, the Superior Court affirmed the trial courts cancellation of the non-producing lease and sent a clear warning to gas operators throughout the Commonwealth. Following Hite, there is no question that the so-called automatic termination rule is alive and well in Pennsylvania. As such, landowners and gas operators alike should carefully review the Hite decision and its potential impact on non-producing leases.]]>

The Pennsylvania Superior Court recently addressed the issue of whether the mere payment of delay rentals can extend a gas lease beyond its primary term. In Hite v. Falcon Partners, et al., 2011 WL 9632 (January 4, 2011), the Superior Court rejected the gas producers argument that a non-producing lease can be preserved indefinitely simply by making delay rental payments. In siding with the landowner, the Superior Court affirmed the trial courts cancellation of the non-producing lease and sent a clear warning to gas operators throughout the Commonwealth. Following Hite, there is no question that the so-called automatic termination rule is alive and well in Pennsylvania. As such, landowners and gas operators alike should carefully review the Hite decision and its potential impact on non-producing leases.]]>
Wed, 16 Feb 2011 08:10:08 GMT /slideshow/payment-of-delay-rentals-alone-cannot-extend-lease-into-secondary-term/6946355 rburnett_hhlaw@slideshare.net(rburnett_hhlaw) Payment of Delay Rentals Alone Cannot Extend Lease Into Secondary Term rburnett_hhlaw The Pennsylvania Superior Court recently addressed the issue of whether the mere payment of delay rentals can extend a gas lease beyond its primary term. In Hite v. Falcon Partners, et al., 2011 WL 9632 (January 4, 2011), the Superior Court rejected the gas producers argument that a non-producing lease can be preserved indefinitely simply by making delay rental payments. In siding with the landowner, the Superior Court affirmed the trial courts cancellation of the non-producing lease and sent a clear warning to gas operators throughout the Commonwealth. Following Hite, there is no question that the so-called automatic termination rule is alive and well in Pennsylvania. As such, landowners and gas operators alike should carefully review the Hite decision and its potential impact on non-producing leases. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/rjbdelay-12978653247717-phpapp02-thumbnail.jpg?width=120&amp;height=120&amp;fit=bounds" /><br> The Pennsylvania Superior Court recently addressed the issue of whether the mere payment of delay rentals can extend a gas lease beyond its primary term. In Hite v. Falcon Partners, et al., 2011 WL 9632 (January 4, 2011), the Superior Court rejected the gas producers argument that a non-producing lease can be preserved indefinitely simply by making delay rental payments. In siding with the landowner, the Superior Court affirmed the trial courts cancellation of the non-producing lease and sent a clear warning to gas operators throughout the Commonwealth. Following Hite, there is no question that the so-called automatic termination rule is alive and well in Pennsylvania. As such, landowners and gas operators alike should carefully review the Hite decision and its potential impact on non-producing leases.
Payment of Delay Rentals Alone Cannot Extend Lease Into Secondary Term from Robert Burnett
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