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Oil/Gas/loss of mineral rights in court

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Question
I recently lost 110 acres of minerals in Van Buren Co. Arkansas. that by every law in the books I owned, even the land man for 1 of the operators involved said I owned the minerals, and I was paid royalties on this tract for almost 2 years. Corruption is and was involved in my opinion. The 2 operators involved in my case, it would have cost them millions had I won, in releasing contracts to the true owners of the mineral rights, I was a part of over 6000 acres of minerals, that a couple had reserved minerals in a corporation. In 1994, when they sold to my grantor in 1995, they gave him a fee simple warranty deed with no mineral reservations. My grantor also tendered a fee simple warranty deed to myself with no reservations. It was a clear case of after acquired title, as soon as man and wife recorded the deeds back into personal names, the minerals should have immediately transferred to the current surface owner, which was myself. The State of Arkansas is supporting the CNG companies, in the basic theft of my minerals. Could you recommend a out of state oil and gas attorney, with license in Arkansas, so I can check my options available. I did not receive a fair deal, and I am the 2nd case ruled just like this. The courts ruled reformation of the deeds, which clearly does not apply, on USLegal it clearly states the courts do not have the authority to impose reformation on a party to the deed that did not agree as to the contract. My grantor and I did not even discuss minerals at point of purchase. Thanks for any help, or advice. The lawyer would also not need to have a conflict with 2 major operators, in the Fayetteville Shale Play.

Answer
Mr. Longing,
First I would like to tell you how sorry I am that you are struggling with this problem.  Oil and gas matters are quite complex and seem to take years to resolve even when there are good attorneys involved.

You are definitely handling this matter correctly by seeking to engage a credible oil and gas attorney. Although I have not personally utilized an Arkansas oil and gas attorney, I have been told by several of my peers that Mr. Thomas A. Daily is very knowledgeable and experienced in handling complex oil and gas matters.  

I therefore am providing you with his information:  
Daily & Woods, P.L.L.C.
58 South 6th Street
Fort Smith, AR 72902
Phone: (479)782-0361
Fax: (479)782-6160

From visiting his website, I have obtained the information below:

He practices primarily in the area of oil, gas and mineral law, including title examination, administrative proceedings and mineral litigation. He is also an adjunct professor of law at the University of Arkansas School of Law, teaching classes titled "Oil and Gas Regulation and Agreements" and "Oil and Gas Title Examination."

Mr. Daily is a graduate of the University of the South (B.A.) and the University of Arkansas (J.D., summa cum laude). He is a past President of the Arkansas Bar Association (2003-2004), having previously served as a member of its House of Delegates and Board of Governors, as well as chairman of the Association's Natural Resource Law Section. He is also a member of the Sebastian County and American Bar Associations and is a Fellow of both the American Bar Foundation and the Arkansas Bar Foundation and is currently the vice president of the latter foundation. He is a member of the Arkansas Supreme Court's Professional Practicum Committee. He is listed in Best Lawyers in America; Best Lawyers in Arkansas and Mid-South Super Lawyers.

Mr. Daily is co-author of Well, Now, Ain't That Just Fugacious: A Basic Primer on Arkansas Oil and Gas Law, 29 U. Ark Little Rock L. Rev. 211, and is author of Lawyering the Fayetteville Shale PlayŚWelcome to My World, 44 Ark. Lawyer No. 2, 11. He is a co-author of the American Association of Petroleum Landmen's Eighteen State Comparison of Oil and Gas Laws and is the Arkansas reporter for the Annual Survey of Law by the American Bar Association's Section of Natural Resources, Energy and Environmental Law, the Rocky Mountain Mineral Law Foundation Newsletter, and the Texas Wesleyan Law Review Annual Mineral Law Symposium.

I am confident he will be qualified to assist you with the matter you are dealing with.

Best of luck - I would love to hear about the progress you make!  

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Laura M. FitzGerald, CPL

Expertise

PLEASE READ CAREFULLY BEFORE SUBMITTING A QUESTION. I can answer all questions related to oil and gas ownership, mineral interests and working interests concerning the leasing and selling of your minerals, any questions concerning pipeline ROW's, units with the Louisiana Department of Conservation; pooling provisions, depth limitations, vertical or horizontal pugh clauses; and oil and gas terminology. I can offer assistance in negotiating for leasing your property, assisting in locating owners of suspended funds or to receive the best offer for your oil and gas interests, should you desire to sell. I am only able to answer questions regarding oil and gas leases, minerals, royalties, or offers to purchase mineral/royalty interests if I have complete information. Please provide a full legal description for your interest(s). If the question pertains to a lease, please include all terms of any current (or desired) lease offers, including lease bonus amount, royalty and lease term. If the question is regarding a mineral or royalty interest offer to purchase, please provide the offer amount, date of offer, other offer terms, and further details on the mineral/royalty interest, such as lease terms, and if producing, the average monthly income. Since I receive numerous inquiries daily, I am only able to answer your questions efficiently and effectively if I have complete information. I must decline any questions submitted with incomplete information. If your question is non-technical in nature and you simply need assistance understanding an oil and gas matter, please submit your question with as much information and detail as possible. Any background information that has led to your question is also very helpful.

Experience

I have over 34 years experience as an Independent Petroleum Landman. I became a Landman after working as a paralegal for Oil & Gas Attorneys for 8 years. My first 2 years were spent specializing in Well History and Research with the Louisiana Department of Conservation, then moving into clearing title defects and handling title curative for oil and gas properties for the next 6 years. Subsequent thereto, I handled title issues, buying oil and gas leases and settling surface damages. I also acquired acreage for drilling prospects in excess of 10,000 acres. I also became a mineral/royalty owner commencing in 2004 and have found that I can help many people when they have reached the point in their lives they feel converting their minerals or royalties into a cash asset benefits them.

Organizations
American Association for Professional Landmen, ArkLaTex Assoc. of Professional Landmen, and Dallas Association of Professional Landmen (DAPL), Certified by the Women's Business Enterprise National Council (WBENC)- South. This certification is one of the most widely recognized and respected certifications in the nation. This designation is reserved for only those women-led businesses that exemplify the characteristics of integrity and professionalism to which the WBENC adheres to so strictly.

Education/Credentials
Attended LSU, became a Certified Professional Landman in 1994; Notary Public with dual authority in multiple parishes in North Louisiana; Bilingual in English and Greek

Awards and Honors
Expert Oil & Gas Professional assisting attorneys representing landowners. Involved in 2 lawsuits and both suits were awarded to the landowner. Ilios Resources, Inc. has been awarded the Best of Shreveport Oil and Gas Mineral Buyer Award for 2016, 2015, 2014, 2013 and 2012.

Past/Present Clients
Consultant Landman for Texas Oil & Gas (TXO Production Corp.), Anadarko Petroleum, Comstock Resources,Independent Geologists, Pipeline ROW Clients, and Oil & Gas Attorneys. For the past 5 years my practice is primarily an advocacy for the landowner. I also assist royalty owners recover suspended payments or incorrect royalty payments, or sell their mineral or royalty interest.

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