Lease & Royalty Payments

Not only did the Pennsylvania Senate pull a real boner by voting for a severance tax and gross receipts tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill), they also slipped another provision in the PA budget bill that, until now, has gone unnoticed. This new provision has big implications for both landowners and drillers. The Senate slipped in Section 1610 (see the language below) which changes established lease law with respect to oil and gas wells that no longer produce anything. Under existing law, when an oil or gas well stops producing–and the landowner quits getting royalty checks–the lease is considered terminated. Done. Finished. Under Section 1610, drillers can resurrect those dead leases under a couple of conditions. If the landowner doesn’t officially state “your lease is now dead since you’re not producing anything” a driller quick-like-a-bunny restarts production at the well and sends the landowner a check, it would re-start (or continue) the existing lease with its existing terms. Or if the driller sends a notice to the landowner stating its intention to drill a new well on the property, and if the landowner doesn’t object (given a 3-month time limit), the driller is free to begin drilling a NEW well, under the OLD lease terms. Section 1610 really stinks, in our humble opinion. It means a driller can drill a new shale well after an old conventional/vertical well quits producing–without having to sign a new lease or pay a new bonus or negotiate a new royalty rate. Doesn’t seem right to us!…
Read More “PA Senate Slips Anti-Landowner Measure into State Budget Bill”

Pennsylvania Rep. Jason Ortitay, Republican from South Fayette (Washington & Allegheny Counties), PA who replaced Jesse White in January 2015 (see Pro-Driller Ortitay Replaces Anti-Driller White in PA House) has introduced a new bill in the PA House to bridge the gap between landowners who want a guaranteed minimum royalty of 12.5% regardless of post-production costs, and drillers who adamantly oppose a guaranteed minimum royalty. Rep. Garth Everett, Republican from Lycoming County, has been the champion of landowners and their quest to stop what they see as an abuse of the contracts they signed by implementing a state-mandated 12.5% minimum royalty–even if post-production costs eat into it (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). Landowners and groups representing them, like the National Association of Royalty Owners (NARO), point to abuses by companies like Chesapeake Energy and claim some drillers cook up deals with pipeline/processing companies to overcharge, deducting it from royalty checks, and then getting the money back from those pipeline companies via investments. Kind of a kick-back scheme. Drillers maintain you can’t upend legal contracts in response to one or two rotten apples in the barrel. Ortitay believes he can navigate the middle ground, proposing a bill that will require drillers to itemize the deductions made from royalty checks, and prevent drillers from sending landowners a bill, which is beyond-words offensive. Can you imagine any landowner signing a lease that requires the landowner to pay the driller when prices go low? It’s ludicrous, and Ortitay’s bill, House Bill (HB) 1708 aims to fix it…
Read More “PA Rep. Ortitay Intros Watered-Down Minimum Royalty Bill”

What’s this? The Pennsylvania State Senate, which is controlled by the Republican Party, has added insult to injury. We’ve already told you about Republican traitors in the Senate who sold out their House counterparts by voting for a disastrous severance tax to raise money to give away to teachers’ unions (see Traitorous PA Senate Republicans Pass Severance Tax Bill). Little did we know they also sneaked in, in the dead of night, a provision in the budget bill that will make it harder for PA landowners with old oil and gas leases to renegotiate those leases. Sometimes landowners have old oil and gas wells on their property, drilled decades ago before horizontal drilling and fracking were combined. And those leases were signed for pennies on the dollar. These days when shale drillers come calling, landowners can often command thousands of dollars per acre in signing bonuses. But a provision in the fiscal code, passed as part of the budget the traitorous Senate passed, would limit the ability of landowners to renegotiate those old leases, allowing drillers to revive expired leases and not pay new lease bonuses…
Read More “PA Senate Sneaks in Provision Hurting Landowners w/Old Leases”