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Question
Yes, I was forced-pooled into a lease a few months ago that i just found out about.  I called the Oil company in which they stated they tried to send me a lease. I have obtain a copy from them and in the lease it states they hereby offer 325 per net mineral acre for a lease with 20% royalty interest and a 3 year primary term with an option to extend the primary term for 2 years for an additional bonus payment of 325.00 per net mineral acre.  I asked this company since i was forced-pooled into this lease if they where going to send me the offered 325.00 per net mineral i have.  My question I called and spoke with the oil well person that was on the lease.  He explained that no payment to me was necessary.  I asked him well i cant lease to anyone else and he said yes you could however i am in a forced-pooling so why wouldnt the lease offer pertain to me now.

So do they owe me are not for the mineral acres are am i missing something.

Thanks in advance.

Answer
Chris,
There are several different manners in which an unleased owner is entitled to recover what is owed them as a result of a well being drilled in which they have an unleased interest, all based on the reasons why the owner is unleased.  Is he unleased because:
a) an agreement could not be reached between the oil and gas company and the landowner?
b) because the owner could not be found?
c) because the owner was overlooked?

The circumstance determines what the landowner is entitled to.  

It appears from what you have stated that the oil and gas company did try to send you a lease, but it was returned to them.

Assuming the oil and gas company has proof that a lease was mailed but it was returned to them due to a bad address; and subsequently your interest was force-pooled into the unit, they do not owe you any bonus money for your interest.

You will be entitled to your share of future production, less and except your proportionate share of drilling costs, and you should be receiving something from the oil and gas company notifying you of what your share of costs will be.

You do not have to participate; you can elect to go 'non-consent', and in this situation, the oil and gas company is entitled to receive 100% of their drilling costs plus a penalty and interest fee for carrying your interest, until they bring you back in and pay you for your proportionate share of production, less and except your share of operating expenses.  

I know this is alot of information to understand, but back to your original question; no, you are not owed any money from the oil and gas company for 'leasing' your land.  It has been 'force pooled'.  

I would recommend you sending a certified letter to the oil and gas company providing them with the legal description of your property, along with your current contact information, so they will have their records current, and they will have been notified properly of your unleased position.

Best of luck.  

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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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