Lease & Royalty Payments

Lease & Royalty Payments | Ohio | Statewide OH

OH Landowners Faced with Lease Extension Decision – What to Do?
April 5, 2016April 5, 2016

David Wigham is a second-generation Ohio oil and gas attorney with nearly 25 years of experience in the industry. He recently wrote an article outlining the current situation in Ohio (and beyond) of renegotiating shale leases. Typically landowners sign a five-year lease with an energy company. If the company fails to drill on/under the property during that five-year period, there is usually a provision allowing the energy company to renew the lease for an additional five years–provided they make a new bonus payment. But here’s the conundrum for drillers: with the price of oil and gas so low, drillers don’t have enough cash to drill right now, and they don’t have enough cash to pay big bonuses for another five years. Many leases are now coming due at the five-year mark. What to do? Drillers are going back to landowners and asking them to renew the lease–but instead of receiving a lump sum bonus payment for the next five years, drillers are asking if they can pay landowners one year at a time, over the next five years. Should a landowner take the deal?…
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Centre County | Lease & Royalty Payments | Meetings | Pennsylvania | Statewide PA

PA Royalty Owners Meet in State College: Bills, Lawsuits, Boycotts
April 5, 2016April 5, 2016

Last week Pennsylvania landowners (royalty owners) from around the state gathered in State College, PA for the 2016 NARO (National Association of Royalty Owners) PA Annual Meeting and Convention. A variety of interesting topics were addressed, including: support for House Bill (HB) 1391 that guarantees a minimum 12.5% royalty payment to landowners; coming lawsuits from landowners against the state over the state’s aggressive action in claiming ownership of the land under rivers and streams; and a call to boycott all films which star anti-fossil fuel man-child Leonardo DiCaprio…
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Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Regulation | Statewide PA

Landowners vs Drillers: PA Minimum Royalty Bill Gets a Hearing
March 16, 2016June 20, 2016

There is a renewed push in Harrisburg to pass a minimum royalty bill to protect landowners from getting the shaft by drillers deducting expenses from royalty checks. We’ve tracked this issue for the past few years–an issue that came to the forefront when Chesapeake Energy started to screw landowners in Bradford County (and other locations) out of royalty money (see Bradford County, PA Landowners Sue Chesapeake over Royalties). Bills were introduced in the PA legislature and went nowhere. Last year another new bill was introduced by State Rep. Garth Everett: House Bill (HB) 1391 (see New Bill HB 1391 Will Guarantee PA Landowners 12.5% Royalties). Organizations like the PA chapter of the National Association of Royalty Owners (NARO) fully supports the bill. However, drillers make the counterargument that duly signed contracts which allow for certain deductions should not be swept away with the stroke of a pen. As we’ve previously commented, the issue is one of those rare times when landowners and the industry are on different pages altogether (see Rare Schism Between Landowners & Drillers over PA Royalty Law). HB 1391 is once again being pushed–under discussion yesterday in the PA House…
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Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

PA Landowners Ask Judge to Intervene in Chesapeake Royalty Case
March 1, 2016March 1, 2016

In March 2015 MDN reported on the “Demchak” royalty case in which a group of Pennsylvania landowners had agreed to a settlement with Chesapeake over Chessy’s alleged shorting of royalty payments (see Chesapeake’s PA Royalty Settlement Affects Some, Not All Landowners). As we reported at the time, “several thousand” landowners (we now know the number is 9,000 landowners) would share two-thirds of the $11 million settlement (the other one-third going to the lawyers), which doesn’t seem all that great a deal to us. Toward the end of last year the issue got heated again as many landowners were faced with a decision of whether or not to opt out of the settlement (see Packed Meeting in Towanda Discusses Chesapeake Royalty Settlement). Then the whole thing came to a screeching half with a new lawsuit by PA Attorney General Kathleen Kane. Her lawsuit stopped the settlement from proceeding (see PA AG’s Lawsuit Derails Demchak/Chesapeake Royalty Settlement). Afraid that Chesapeake will file for bankruptcy protection (not related to this case), landowners in the Demchak case are asking a federal judge to appoint a mediator and finish the deal–so at least they will get pennies on the dollar instead of nothing at all…
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Chesapeake Energy | Energy Companies | Lease & Royalty Payments

Chesapeake Trades Future Royalties on 8,500 Wells for Lump Sum Now
February 24, 2016February 24, 2016

Haymaker Resources has just signed a deal with Chesapeake Energy to give Chessy $128 million in return for ownership of mineral and royalty interests in 8,500+ wells across 24 states and 324 counties, including wells in the Marcellus/Utica. The mineral/royalty interests Chesapeake is selling are considered “non-core” for the company. These are wells in which Chessy owns an interest, but they didn’t drill it and don’t manage it. They’re a partner in the well. What this deal means is that any royalties generated from those wells will now go to Haymaker instead of Chesapeake. Sort of like those deals we’ve highlighted in the past where a company pays a landowner a lump sum now and then receives all future royalty payments (see Company Targets OH Landowners – Buy Future Royalties for Cash Now). Think of it this way: You win the lottery, $1,000 a week for life. You’re 50 years old and think you’ll live another 30 years, at least. That would be $1.56 million total, IF you live that long. A company comes along and offers you $750,000, right now, in return for taking over the annuity of $1,000 per week (such companies do exist). That’s how we think of this deal. Chesapeake needs money now, to keep from going bankrupt, and they have these assets that bring in money, but in dribs and drabs and it’s not at the center of what they do. So they cash it in and get a chunk of money now instead of waiting for it later. Here’s the Haymaker announcement…
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Lease & Royalty Payments | Pennsylvania | Statewide PA

The Marcellus Landman Leaveth
February 23, 2016February 23, 2016

The person who negotiates leases for drilling and pipelines (and for other oil and gas related transactions) is called a landman–regardless of whether the person doing the negotiating is a man or a woman. Landmen play an important part in the shale business–including here in the Marcellus/Utica. Sometimes they’re reviled as being “high pressure”–as in “sign this lease now while I’m here, I won’t come back, this is your one and only chance.” We don’t like landmen like that. But there are those who do the job and do it well–and we cherish them. They don’t use high pressure tactics, they wait for you to run your lease by a lawyer (as you ALWAYS should). They come back. They keep at it. They’re the best kinds. Thing is, landmen in the Marcellus/Utica are now a dying breed. They’re changing jobs. Why? Because there’s so little leasing going on these days. A recent article highlights the situation of what we call the Landman Leaveth…
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Bradford County | Chief Oil & Gas | Energy Companies | EQT Corp | Lease & Royalty Payments | Pennsylvania | Sullivan County | Washington County

PA Game Commission Cuts $15.5M in Deals to Lease State Land for Drilling
February 16, 2016February 16, 2016

This is something you don’t see often these days: The Pennsylvania Game Commission is getting $15.5 million of revenue from new Marcellus leases with Chief Oil & Gas and EQT. The bulk of the money will come from a deal with Chief to lease 5,870 acres in Bradford and Sullivan counties. Terms of the lease? Chief is paying $2,500 per acre as a signing bonus and 20.55% in royalties when/if they drill and the gas and oil begin to flow. It just about floored us to see this deal! We though all deals were done until the price of gas goes up again. We’d not heard of any new deals being cut. As for EQT, they are paying the Game Commission $917,000 for the right to drill under a 306-acre parcel in Washington County, PA. Details on the per acre bonus and royalty for the EQT deal below…
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Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Regulation | Statewide PA

New Effort to Pass HB 1391 Minimum Royalty Bill in PA
January 29, 2016January 29, 2016

Garth Everett

Last June MDN told you about a renewed effort by Pennsylvania State legislators to pass a minimum royalty bill that will guarantee PA’s landowners get at least 12.5% royalties (see New Bill HB 1391 Will Guarantee PA Landowners 12.5% Royalties). House Bill (HB) 1391 is was introduced by State Rep. Garth Everett, Republican from Lycoming County, PA. Everett said in June the new bill was “narrowed” in focus from a previous bill (that had failed) and because the more narrowed focus, he hopes the Marcellus industry will not oppose it this time around. The issue of guaranteeing minimum royalties is one of those rare issues that has divided the drilling industry and landowners. Everett said he hasn’t (until now) pushed the bill because of the budget stalemate, but now that the budget impasse is mostly over, he’s going to make a renewed effort to get HB 1391 passed…
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Lease & Royalty Payments

Cool New Tool for Landowners to Estimate Shale Royalties
January 27, 2016January 26, 2016

MDN noticed a cool new tool recently released by the great folks at GoMarcellusShale.com. The new tool is called ShaleCast (www.shalecast.com) and it provides free estimates of future royalties, production, and much more. There is no cost to use the service but it does require that you register (give your name, etc.). We haven’t used it ourselves because we don’t have any drilled wells or even the prospect of a drilled well–alas we live in the People’s Republic of New York with a malevolent dictator by the name of Andy Cuomo. But many MDN readers live in PA, OH and WV and may be able to benefit from using this cool new tool. Here’s a screen shot to help you understand what it can tell you about a well on or near your property…
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Beck Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio | Statewide OH | XTO

OH Supreme Court Upholds Victory for Beck Energy in Lease Case
January 22, 2016January 26, 2016

A major victory for oil and gas drillers in Ohio was just handed down by the Ohio Supreme Court. You may recall MDN brought you the news in October 2014 that the Seventh District Court of Appeals in Ohio overturned a lower court ruling in the case of Hupp v. Beck Energy Corp (see Major OH Court Victory for Beck Energy & XTO in Lease Case). Brief background: three landowners filed suit claiming that their leases with Beck Energy Corp. were void and should be terminated because Beck never drilled wells on their property and that a provision allowing Beck to pay a nominal delay fee was against public policy. The lower court agreed and granted summary judgment. The court then granted class certification to the lawsuit brought by the three landowners–meaning between 600-700 landowners would also be able to invalidate their leases. On appeal to the Seventh District Court, the case was overturned and decided in favor of Beck Energy (and XTO Energy who had purchased the leases from Beck). It was appealed again, to the OH Supreme Court, and the high court has sided with Beck/XTO…
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Energy Companies | Lease & Royalty Payments | Marshall County | Ohio County | Southwestern Energy | West Virginia

Southwestern Energy Renewing Leases in WV, PA
January 8, 2016January 8, 2016

Tick tock tick tock. Every day that passes brings landowners and drillers closer to the end of an initial five-year lease contract. In October 2014, Southwestern Energy purchased a humongous 413,000 acres of leases from Chesapeake Energy, most of that land in West Virginia (see Chesapeake Sells Close to 25% of Marcellus/Utica Operation). Southwestern paid over $5 billion for the deal. That leased acreage came with an expiration–which is happening now, at least for some (most?) of the acreage. Every lease is different. Some leases allow the driller to pay the same (or a different) renewal payment to keep the lease going for another period of time, typically another five years. The $5 billion question is, what will Southwestern do? Everyone is scaling back right now. Companies just can’t afford to do much drilling. Will Southwestern opt to renew those leases that they paid big bucks for? It seems we have an answer to that question. A WV newspaper is reporting that Southwestern has begun extending leases in Ohio and Marshall counties…
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Chesapeake Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

PA AG’s Lawsuit Derails Demchak/Chesapeake Royalty Settlement
January 4, 2016January 4, 2016

In March 2015 MDN reported on the “Demchak” royalty case in which a group of Pennsylvania landowners had agreed to a settlement with Chesapeake over Chessy’s alleged shorting of royalty payments (see Chesapeake’s PA Royalty Settlement Affects Some, Not All Landowners). As we reported at the time, “several thousand” landowners sharing two-thirds of the $11 million settlement (the other one-third going to the lawyers) didn’t seem all that great a deal to us. But we’re not PA landowners with a dog in this fight. Toward the end of last year the issue got heated again as landowners (many landowners) were faced with a decision of whether or not to opt out of the settlement (see Packed Meeting in Towanda Discusses Chesapeake Royalty Settlement). Then along came PA Attorney General Kathleen Kane, herself under indictment for felony crimes, with her own lawsuit against Chesapeake over the royalty issue (see PA Atty General Sues Chesapeake Energy, Williams for Royalty Fraud). It seems Kane’s lawsuit has now put the brakes on the Demchak settlement that was supposed to have taken place in early February. That plan is now delayed…
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Energy Companies | EQT Corp | Industrywide Issues | Jefferson County (OH) | Lease & Royalty Payments | Litigation | Ohio | Statewide OH

Federal Judge Rules for EQT in Ohio Lease Dispute – Ramifications
December 29, 2015December 29, 2015

An important decision was recently made in a lease case in Ohio–a case which has implications for both drillers and landowners with Marcellus/Utica leases. Driller EQT signed a lease with Jefferson County, OH landowner Alex Cooper on Oct. 6, 2008. The initial term of the lease was for five years, with a five year extension IF EQT makes an extension payment. The lease also stipulates that EQT MUST drill a well on or before Oct 6, 2013–the end of the first term of the lease. EQT opted to extend the lease, making (or rather attempting to make) a payment to Cooper–but EQT did not drill a well by Oct 6, 2013. Cooper claimed since EQT hadn’t drilled, the lease expired on Oct 6, 2013 and he is free to lease again. The case ended up in Federal District Court for the Southern District of Ohio and U.S. District Judge Algenon Marbley decided in favor of EQT, even though the language in the lease stipulates a well MUST be drilled during the first term of the lease. How and why did Judge Marbley decide the case as he did? Below is a recap of the case, followed by a copy of the full decision from Judge Marbley…
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Energy Services | Industrywide Issues | Lease & Royalty Payments | NEXUS Pipeline | Ohio | Pipelines | Statewide OH

Columbus Law Firm: How to Get the Best Pipeline Easement Deal
December 22, 2015December 22, 2015

Goldman & Braunstein is a Columbus, OH law firm that’s carved a niche out of representing landowners in eminent domain disputes with pipeline companies. Earlier this year the firm asked the Federal Energy Regulatory Commission to disallow Energy Transfer Partners’ use of eminent domain in building the ET Rover pipeline (see OH Law Firm Asks FERC to Stop ET Rover Pipeline Eminent Domain). Michael Braunstein and Bill Goldman are at it again. Last week they held a meeting in Huron County, OH to advise landowners who potentially face eminent domain action by the NEXUS Gas Transmission pipeline project. They offer some good counsel. But make no mistake–they’re there to drum up business. Goldman & Braunstein do not say landowners can block the pipeline from coming through their property. What they do say is that their firm can get landowners a better deal, and ensure pipeline installation is “put in properly” by using (yep) Goldman & Braunstein. The firm believes landowners should be paid “over $100 per foot” for any deal they do with NEXUS. That’s the highest per-foot price we’ve ever heard of when it comes to pipeline easements. If they can pull that off, more power to ’em!…
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Energy Companies | Gastar Exploration | Lease & Royalty Payments | Marshall County | Statewide WV | West Virginia | Wetzel County

Gastar Deal to Lease Under the Ohio River in WV Falls Apart
December 21, 2015December 21, 2015

Remember the brouhaha over energy companies bidding to drill on land underneath the Ohio River in West Virginia? We told you about one such lease–Gastar won a bid on a 232-acre tract underlying the river at the border of Marshall and Wetzel counties. They paid $3,500 per acre as a signing bonus and 20% royalties in their winning bid (see Gastar Wins Lease to Drill Under Ohio River in WV). There were just a few minor details to settle before the deal closed. Guess what? Gastar never closed the deal. Since October 2014 the price of natural gas has crashed, making it uneconomical to drill in many (most?) locations, and Gastar didn’t want to part with its precious capital–so no deal was never finalized. And now the West Virginia Division of Natural Resources is about to call the deal dead and shop it again. Problem is, it’s now a buyer’s market for leases, not a seller’s market as it was in October 2014. WV won’t get anywhere near the same terms this time around, of that we’re sure…
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Bradford County | Chesapeake Energy | Energy Companies | Energy Services | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA | Williams

PA Atty General Sues Chesapeake Energy, Williams for Royalty Fraud
December 10, 2015December 10, 2015

Pennsylvania Attorney General Kathleen Kane, who has been indicted on numerous felony charges and likely to be forced from office any day now, filed a lawsuit yesterday against Chesapeake Energy in Bradford County Court over the issue of shorting landowners out of royalties. What every story we’ve seen (thus far) misses is this: The lawsuit also names Williams as participating in the scheme to defraud landowners out of royalty payments. So this is not just a Chesapeake story, it’s a Williams story too. Landowner groups are “hailing” the decision, jumping up and down with glee. Let us throw a little cold water on your face. Note to landowners and the groups that represent them: When you (metaphorically) crawl into bed with Kathleen Kane, you’re crawling into bed with a rattlesnake. Sooner or later she’s going to turn on you too. Mark it down. It’s in her nature. With that disclaimer in place, we’ll break down the news for you, and show you a copy of the lawsuit Kane’s office filed yesterday…
Read More “PA Atty General Sues Chesapeake Energy, Williams for Royalty Fraud”