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WV Mineral Rights Group Cut Out Landmen, Deal Direct w/Drillers

Cutting out the middleman

In the early days of the Marcellus/Utica, landowners often formed groups to negotiate lease terms on behalf of all members. It’s a smart move as it tends to deliver better lease terms — more money for a signing bonus, better royalty rates, and better language in the contract. In fact, MDN got its start when editor Jim Willis noticed a group of 300 landowners (many of them farmers) in nearby Deposit, NY, signed a lease deal with XTO Energy for $90 million (see this story). It made more than one millionaire! Some of the leases signed by landowner groups years ago are now expiring and in one case — in Marshall County, WV — group members are once again shopping their land as an entire block, looking for drillers who will give them the best terms.
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New Resource for WV Landowners on Leasing for Pore Space

In February, MDN brought readers the news that Tenaska, one of the largest privately operated companies in the U.S., is building a carbon capture and sequestration (CCS) hub spanning tens of thousands of acres in Pennsylvania, Ohio, and West Virginia (see Landmen Knocking Doors in PA, OH, WV to Sign for CCS, Pore Rights). Landmen are “knocking on doors again” in all three states, looking to sign up landowners to store carbon dioxide deep underground. The West Virginia Surface Owners’ Rights Association (WVSORA) has done some research and is offering its advice to landowners about leasing pore space.
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OH Drillers Win Case Against Landowners re Drilling Deeper

Back in the summer of 2020, MDN told you about a lawsuit brought by an Ohio rights owner called TERA, an organization that owns the royalty rights for a number of leases with wells in Belmont County, OH, drilled by different producers, suing the producers for drilling into the Point Pleasant shale layer when the lease only mentions the Utica layer (see OH Landowners Sue Rice, Ascent, XTO, Gulfport for Drilling Too Deep). The case took nearly four years and hundreds of filings by both sides, but last week, a jury found in favor of the drillers (the defendants) and against the rights owner (the plaintiffs). This case likely has far-reaching consequences for landowners and drillers in Ohio.
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Ohio Awards Drilling Contracts for State Parks – Salt Fork Surprise

Yesterday, the Ohio Oil & Gas Land Management Commission (OGLMC) met to award contracts to drill under (not on) several Ohio state parks, including the 20,000-acre Salt Fork State Park in Guernsey County. Anti-fossil fuel nutters didn’t disappoint. They showed up and dressed up in burlap bags and silly hats, standing along a wall to protest against the proceeding. Fortunately, the protesters didn’t disrupt or stop the proceeding (they had been threatened with arrest if they did). The big news (for us) is that Encino Energy, which has long coveted the Salt Fork State Park property, did NOT win the contract for it! At some point, Encino pulled its proposal for Salt Fork and instead concentrated on several other parcels. The contract for Salt Fork was awarded to Infinity Natural Resources. We have the complete list of who won which contracts and how much they are paying in signing bonuses and royalties.
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Triple Royalties Provision Stripped from WV Bill on Late Payments

Earlier this week, MDN reported on a bill making its way through West Virginia’s legislative sausage-making process (see WV Bill Triples Conventional Well Royalty Payments if Made Late). WV House Bill (HB) 4292 attempts to close a loophole affecting landowners and mineral rights owners with a conventional oil or gas well, some of whom suffer from late or completely missing royalty payments. The bill just got a lobotomy and is pretty much unrecognizable from the original.
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Landmen Knocking Doors in PA, OH, WV to Sign for CCS, Pore Rights

The Pittsburgh Post-Gazette has an excellent article reporting on an effort by Tenaska, one of the largest privately operated companies in the U.S., to build a carbon capture and sequestration (CCS) hub spanning tens of thousands of acres in Pennsylvania, Ohio, and West Virginia. Landmen are “knocking on doors again” in all three states, looking to sign up landowners to store carbon dioxide deep underground. We have the details below, including how much money Tenaska is paying as a signing bonus and how much is on offer (per acre) each year.
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WV Bill Triples Conventional Well Royalty Payments if Made Late

West Virginia House Bill (HB) 4292 attempts to close a loophole affecting landowners and mineral rights owners with a conventional oil or gas well. Royalties from conventional O&G wells are typically small, as little as $40-$50 per month. Some energy companies (hopefully very few) that own the wells are intentionally late with royalty payments or outright refuse to make the payments. Because the amounts are so small, lawyers typically won’t take on a case for nonpayment of royalties. This bill aims to fix that.
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Peregrine Energy Buys More Royalty Rights in Ohio Utica Shale

Peregrine Energy Partners, headquartered in Dallas, Texas, continues a program to buy royalty rights in the Marcellus/Utica and elsewhere. We have chronicled a number of Peregrine’s M-U purchases since 2019 (see our Peregrine stories here). Two years ago, Peregrine acquired one of its largest royalty positions in the Utica, spanning over 340,000 gross acres in 18 counties. The company has come calling again, adding royalties from more producing wells to its already large Utica portfolio.
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Court Orders Ohio Drillers to Produce Documents in Royalty Dispute

Back in the summer of 2020, MDN told you about a lawsuit brought by an Ohio rights owner called TERA, an organization that appears to own the royalty rights for a number of leases with wells in Belmont County, OH, drilled by different producers, suing the producers for drilling into the Point Pleasant shale layer when the lease only mentions the Utica layer (see OH Landowners Sue Rice, Ascent, XTO, Gulfport for Drilling Too Deep). That lawsuit continues to grind on. Last week, a judge ruled the drillers being sued must produce certain documents sought by the plaintiff (rights owner).
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Negotiating Better O&G Contracts: Tips from 60K PA Shale Leases

This is one of those little gems we delight in unearthing for MDN readers — especially for our landowner/rights owner readers. Researchers from the University of Rochester and the University of Pittsburgh assembled a dataset of lease deals used in the Pennsylvania Marcellus (some 60,000 of them!) and analyzed the leases for compensation and clauses that may protect landowner health and the enjoyment of their properties. The researchers used the data to produce three main findings…
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4th Circuit Allows EQT to Appeal WV Landowners Royalty Lawsuit

A lawsuit of interest for all landowners is playing out in West Virginia between a class of landowners and EQT Corporation, the largest natural gas producer in the country. We searched our extensive archives high and low and found no mention of this lawsuit! Somehow, it has escaped our attention — until now. As these cases often are, this one is long and complicated. However, the nub of the case, the essence of the dispute, is whether or not EQT can pay royalties to landowners based on the “raw” gas that comes out of the borehole (methane plus NGLs) or whether, as the plaintiffs argue, EQT should pay royalties based on the post-processed gas and NGLs (presumably at a much higher rate).
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Murrysville, PA to Vote in Dec. on Plan to Drill Under Two Parks

In December, Murrysville (PA) Council members will make a decision about leasing land for shale drilling under Duff Park (234 acres) and Murrysville Community Park (305 acres). Murrysville is located in Westmoreland County in the southwestern part of the state. Olympus Energy is interested and has pitched proposals to lease under both parks, using their adjacent leased acreage (on private land) to set up rigs to drill under the parks. However, Murrysville recently sought proposals from other drillers to avoid any appearance of insider deals (see Murrysville, PA Seeks Bids to Drill Under Two Municipal Parks). It’s about a 99% sure thing Murrysville Council members will vote in favor of awarding a lease to Olympus.
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WhiteHawk Energy Spends $54M to Grow M-U Mineral & Royalty Assets

WhiteHawk Energy, headquartered in Philadelphia with ownership of mineral and royalty interests for 850,000 gross unit acres and over 2,500 producing horizontal shale wells between the Marcellus and the Haynesville, announced yesterday the acquisition of additional Marcellus Shale natural gas mineral and royalty assets for a total purchase price of $54 million. WhiteHawk owns mineral and royalty rights across nearly half a million M-U acres. The deal does not increase WhiteHawk’s total acreage but does increase the company’s percentage of ownership across that acreage.
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Company Seeks to Lease New York Mineral & Pore Rights for Flat $10

A company called Southern Tier CO2 to Clean Energy Solutions, based in Binghamton, NY (where MDN is located), is sending fliers to landowners in Broome, Tioga, and Chemung counties (along the border with Pennsylvania, where there is no doubt large amounts of Marcellus and Utica gas beneath the ground) inviting landowners to sign up for what appears to be an exciting opportunity to sell gas rights. The flier (below) and company website say the company plans to use carbon dioxide (CO2) to (a) store it underground, but also (b) use it to extract natural gas from underground and then (c) either sell the gas via pipeline or burn it to produce electricity. The technology envisioned is an alternative to fracking. Will it work? And, will it be profitable for landowners?
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Leasing in Columbiana County Picks Up; Bonuses & Royalties Down

Once upon a time (roughly 12 years ago), Chesapeake Energy and other shale drillers were leasing property in Columbiana County, OH, in deals that often paid $6,000 per acre for a signing bonus and granted 20% royalties for any oil or gas produced. According to an analysis by the Youngstown Business Journal, those days are long gone. However, many of those original leases have expired, and there is a new push to re-lease in the county, says a Youngstown attorney specializing in oil and gas. Just don’t expect big signing bonuses and royalty rates.
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OH Fed Court Ruling Further Clarifies Post-Production Deductions

An important decision was recently issued in a federal court case (in Ohio) that has the potential to affect landowners and drillers with shale leases throughout the Marcellus/Utica. At least, we believe it has broader implications. The case is known as Grissoms et al. v. Antero Resources Corporation. The case revolves around the issue of a “market enhancement” royalty clause (MEC), which is common in many shale leases throughout the M-U. An MEC lease typically prohibits the deduction of any post-production costs incurred in transforming raw gas into a marketable product. The question is, when is the gas marketable? At the wellhead or later on, after it has been cleaned up? The judge in the Grissoms case ruled in favor of the landowner and said the gas is NOT “marketable” in its raw form at the wellhead.
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