Lease & Royalty Payments

Cunningham Energy | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Tyler County | West Virginia

WV “Landowner” Wins $4.8M in Lawsuit for Failure to Drill
March 9, 2015March 9, 2015

By Andy Leahy

On March 3, a federal judge awarded a Tyler County, WV mineral owner $4.8 million in present and future royalties (plus interest) as damages in a dispute involving the operator’s failure to follow through on some unusually generous lease terms. The operator, Cunningham Energy LLC of Charleston, WV, had promised to horizontally drill eight wells to and through the Marcellus Shale formation within three years, but was unable to do so–largely because the leaseholds were far too small to develop as stand-alone units, and the surrounding lands turned out to be already under lease to other drillers…
Read More “WV “Landowner” Wins $4.8M in Lawsuit for Failure to Drill”
Lease & Royalty Payments | Ohio | Statewide OH | Utica Shale

Free/Accurate Online Royalty Calculator for OH Utica Wells
March 2, 2015March 2, 2015

A cool new online tool has just been released for landowners (and nosy neighbors) who want to calculate estimated royalties for any individual Utica Shale well in Ohio–with a reasonably high degree of accuracy. The tool is called the Ohio Shale Well Royalty Calculator and was created by WellRev Ohio LLC–a Canton, OH company that specializes in assisting county auditors, school districts and local governments calculate tax revenue from oil and gas wells. Below is a link to the new calculator along with MDN’s brief instruction guide for how to use it…
Read More “Free/Accurate Online Royalty Calculator for OH Utica Wells”
American Energy Partners | Chesapeake Energy | Energy Companies | Harrison County | Lease & Royalty Payments | Ohio | Utica Shale

Harrison County, OH Hauls in $1.6M in 2 Weeks from Utica Leases
February 24, 2015February 24, 2015

Even though the price of oil and natural gas is depressed, there are still lease deals happening–particularly in the Ohio Utica Shale region–that make your eyes pop out. Whoops! Just had to put an eyeball back in. It popped out at the latest lease numbers coming from Harrison County, OH where they’ve taken in $1.6 million over the past couple of weeks…
Read More “Harrison County, OH Hauls in $1.6M in 2 Weeks from Utica Leases”
Access Midstream Partners | Bradford County | Chesapeake Energy | Energy Companies | Energy Services | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Williams

PA Landowners File RICO Royalty Lawsuit Against Chesapeake/Williams
February 19, 2015February 19, 2015

Along with acquiring Access Midstream (formerly Chesapeake Midstream), Williams has just acquired a brand new lawsuit. Two Bradford County, PA law firms along with a New Jersey law firm on Tuesday filed a RICO (Racketeer Influenced and Corrupt Organizations Act) lawsuit on behalf of 90 landowners in Bradford County against Chesapeake Energy and Williams Partners (because Williams is now the owner of what was Access Midstream) claiming Chessy and Williams/Access conspired to defraud landowners of royalty money by deducting post-production expenses they had no right to deduct…
Read More “PA Landowners File RICO Royalty Lawsuit Against Chesapeake/Williams”
Coterra Energy (Cabot O&G) | Energy Companies | Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Susquehanna County

Cabot O&G Loses PA Supreme Court Case to Extend Lease
February 19, 2015February 19, 2015

In October MDN told you about an important lawsuit that went to the Pennsylvania Supreme Court, a case called Harrison v Cabot Oil & Gas (see Important Landowner/Driller Case Heads to PA Supreme Court). In brief, Susquehanna County, PA landowners Wayne and Mary Harrison signed a lease with Cabot Oil & Gas for $100 per acre and 12.5% royalties. Learning that others in the area got better deals and feeling they were not only hoodwinked but pressured into signing, they sued Cabot halfway through the lease to dissolve it. Ultimately that lawsuit was decided in favor of Cabot. But by the time the lawsuit was done and dusted, the original 5-year term had expired without Cabot drilling. The Harrisons claimed since Cabot hadn’t drilled, the lease is now over with. Cabot said the lease went on “pause” when the Harrison’s sued–you can’t very well drill with an active lawsuit. This “lease on pause” case was appealed all the way to the Supreme Court in PA, and on Tuesday they rendered their decision…
Read More “Cabot O&G Loses PA Supreme Court Case to Extend Lease”
Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Regulation | Statewide PA

PA DCNR Program Leases Under Rivers/Creeks for Marcellus Drilling
February 17, 2015February 17, 2015

Well now THIS is just not supposed to happen. The pure-as-the-wind-driven-snow PA Gov. Tom Wolf’s Dept. of Conservation and Natural Resources (DCNR) is stepping up its program of leasing underneath rivers, creeks and mud puddles for Marcellus and Utica Shale drilling–much to the consternation of anti-drilling groups like PennFuture (whose immediate past president, Cindy Dunn, is about to become Secretary of DCNR). When DCNR collected for river and stream leases under Republican Gov. Tom Corbett, the Democrat media machine reported it as a clandestine and secretive activity (see PA’s “Secret” Deal to Lease Land Under Rivers & Streams (Gasp!)). It actually has been quite public–MDN told you about this program all the way back in 2012 when it was launched (see PA DCNR Wants Money for Drilling Under Public Streams/Rivers). Our concern was/remains that the state of Pennsylvania may be claiming money for land that belongs to private landowners–denying private landowners of lease bonuses and royalties. Below we have the lease terms dictated by DCNR, a map of the (almost innumerable) waterways PA claims they own, a list of the names for those waterways, and the criteria DCNR uses in determining whether or not a waterway is owned by the state…
Read More “PA DCNR Program Leases Under Rivers/Creeks for Marcellus Drilling”
Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Statewide PA | Taxation

PA Dept of Revenue Still Takes Bite from Royalties, Just Smaller
February 17, 2015February 17, 2015

Last month we shared with Pennsylvania landowners who receive royalty checks the distressing news that the PA Dept. of Revenue is attempting to deny them deductions for certain production costs (see The Tax Man Returneth — for PA Landowners with Royalties). It appeared that the DOR was ramping up an aggressive campaign to drill landowners for money, sending out semi-threatening letters. Accountants told landowners to sit tight and see how this shakes out. Turns out that was good advice. DOR is now backing down on their previous aggressive claims. Oh they still want a pound or so of flesh–they still claim not all deductions are allowed that have been taken–but they are being more reasonable…
Read More “PA Dept of Revenue Still Takes Bite from Royalties, Just Smaller”
Industrywide Issues | Lease & Royalty Payments | Litigation | Ohio | Statewide OH

OH Court: Developing Shallow Wells Enough to Hold Utica Layer
February 16, 2015February 16, 2015

An important Ohio Appellate Court case was recently decided in Ohio relating to Utica Shale lease rights. The case is called Marshall v Beekay Company. Beekay Company had drilled shallow, non-shale wells on the property of Gary and Cora Marshall. At some point along the way, Beekay had separated the deeper mineral rights (shale) from the shallower mineral rights. The landowners said because Beekay didn’t develop the deeper mineral rights by drilling in the deeper layers, they had broken the original contract. The upshot was the landowners hoped to lease the lower layer to someone who would develop it. But the court found that development and continuous extraction of gas from the shallow layer effectively holds the rights to the deeper layer. That is, the court shot down the request by the landowners to force development of the shale layer…
Read More “OH Court: Developing Shallow Wells Enough to Hold Utica Layer”
Energy Companies | JKLM Energy | Lease & Royalty Payments | Pennsylvania | Potter County | Utica Shale

Potter County, PA Hospital Leases Land to JKLM for Utica Drilling
February 13, 2015September 28, 2015

UPDATE: A sharp MDN reader tipped us with more of the details on this deal. The Cole property is 742.9 acres (located in the Townships of Eulalia and Sweden, and in the Borough of Coudersport); the lease signing bonus payment is reportedly $2,200 per acre, which makes the up-front payment to Cole Memorial a whopping $1,634,380; and the royalty is rumored to be 15%. Thanks to our great reader!

Cole Memorial Hospital in Coudersport (Potter County), PA has reportedly signed a lease with JKLM Energy to allow shale drilling on a “substantial amount” of hospital-owned property. What we don’t know about the deal is more than we do know. We don’t know how many acres. We don’t know how much the signing bonus was for. And we don’t know what royalty was agreed to. How’s that for good reporting? What we do know is that they signed a lease, JKLM has “ties” to Buffalo “Marcellus” Bills owner Terry Pegula. JKLM is potentially interested in the Utica layer and they will only be allowed to drill on non-hospital campus property…
Read More “Potter County, PA Hospital Leases Land to JKLM for Utica Drilling”
Chief Oil & Gas | Energy Companies | Lease & Royalty Payments | Marshall County | Ohio County | Tug Hill Operating | West Virginia

Lease Terms Revealed for Land Deal in Marshall County, WV
February 9, 2015February 9, 2015

In November, MDN brought you the news that Tug Hill Operating, a privately-owned exploration and production company, did a deal with the Marshall and Ohio County Landgroup in West Virginia for a $100 million signing bonus for about 500 families (see Panhandle WV Landowners Broker $100M Deal with Tug Hill Operating). We later learned that Tug Hill’s CEO was at one time concurrently the COO of Chief Oil & Gas, meaning the two companies are “tight” and perhaps share a drilling program (see More Details on Tug Hill $100M Lease in WV Panhandle). In November we had precious few details, beyond the $100 million signing bonus and a claim that royalties may end up being another $400-$500 million. Can you imagine a half BILLION dollars rushing into the economy of those two panhandle counties? Astonishing. Behold the miracle of fracking! At any rate, we now have an inkling of what the terms may have been. The Marshall County Commission is considering signing a lease with Tug Hill for 72 acres behind the animal shelter. The deal isn’t done yet, but the we know the proposed terms, both for the signing bonus and the royalty…
Read More “Lease Terms Revealed for Land Deal in Marshall County, WV”
Energy Services | Energy Transfer Partners | Industrywide Issues | Lease & Royalty Payments | Ohio | Pipelines | Richland County | Statewide OH

Advice to OH Landowners Approached for Pipeline Easements
January 29, 2015January 29, 2015

The Energy Transfer Partners Rover pipeline (ET Rover) is probably the biggest pipeline project currently under way in the U.S. It’s bigger than the Keystone XL pipeline! In places like Richland and Crawford counties in Ohio, ET Rover is actually two pipelines–42 inches in diameter, sitting side by side. The entire length is 820 miles and will stretch from WV and PA through OH and into Michigan and eventually to Canada. Landowners in Richland and Crawford attended a meeting sponsored by a Columbus law firm last night to hear some sobering truth: the pipeline will happen and it is coming. But that doesn’t mean landowners are helpless. The attorneys offered some good advice that all landowners approached for pipeline easements should listen to…
Read More “Advice to OH Landowners Approached for Pipeline Easements”
Allegheny County | Lease & Royalty Payments | Ohio | Pennsylvania | Statewide OH | Statewide PA | Statewide WV | West Virginia

Pittsburgh Private Equity Fund Looks to Lease in Marcellus/Utica
January 28, 2015January 28, 2015

Not everyone is sitting on the sidelines during the downturn in shale drilling in the northeast. And yes, there is no doubt there’s been a downturn, along with the dropping price of gas (and oil). Ridgetop Capital, located in the Pittsburgh area, has just raised it’s sixth round of private investment capital (cash from wealthy people)–a huge $200 million. Ridgetop’s owner, Brad Carpenter, is now on the prowl to snap up Marcellus and Utica Shale leases that he hopes to get at a bargain because of the slow-down…
Read More “Pittsburgh Private Equity Fund Looks to Lease in Marcellus/Utica”
Energy Companies | Equinor/Statoil | Gastar Exploration | Jay-Bee Oil & Gas | Lease & Royalty Payments | Marshall County | Noble Energy | Statewide WV | Triad Hunter | Tyler County | West Virginia | Wetzel County

More Bids to Drill Under WV State-Owned Land, Incl Ohio River
January 27, 2015January 27, 2015

West Virginia keeps up its aggressive push to lease and allow drilling under state-owned land–both under the Ohio River and under other tracts of state-owned land in prime Marcellus/Utica country. Last Friday the state Dept. of Commerce, responsible for overseeing the leasing program, opened its latest round of bids. Some of them are truly eye-popping. You may recall Antero Resources has paid $12,000 per acre (with 20% royalties) to drill under 518 acres of the Conaway Run Wildlife Management Area (see Record High Bid to Drill Under Bambi’s Home in Tyler County, WV). In the bids opened Friday, Jay Bee bid an even higher price to drill under the Jug Wildlife Management Area, also in Tyler County…
Read More “More Bids to Drill Under WV State-Owned Land, Incl Ohio River”
Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Statewide PA | Taxation | Washington County

The Tax Man Returneth — for PA Landowners with Royalties
January 27, 2015January 27, 2015

Landowners who get royalty checks in Pennsylvania beware: the PA tax man may be coming for you. It’s a shame, but landowners who get royalty checks have to employ a bevy of accountants and tax experts in order to file a tax return. Such is life. One of the deductions landowners take from their royalty checks are for production costs. On paper, a landowner may be paid 14% in royalties, but in actuality it works out to be much less. Landowners have to navigate sometimes confusing statements from drillers to put the right numbers in the right boxes. What’s happening now is that the PA Dept. of Revenue is telling some landowners the numbers in the boxes don’t add up–according to their convoluted calculations anyway. And PA wants some of that money back they say should have been paid to them all along. It’s a confusing mess…
Read More “The Tax Man Returneth — for PA Landowners with Royalties”
Blue Ridge Mtn Res/Magnum Hunter | Energy Companies | Lease & Royalty Payments | Ohio | Triad Hunter | Utica Shale | Washington County (OH)

OH Village Gets $307K Signing Bonus, 18.25% Royaly to Lease 72 Acres
January 22, 2015January 22, 2015

Last night, the village of New Matamoras, in Washington County, OH, was handed a check for $307,687.25. The general fund budget for all of 2014 was $121,368! The check came from MNW Energy, which is acting as the land broker for Triad Hunter (a division of Magnum Hunter Resources). The money is the up-front lease signing bonus for 72 acres of village owned-land that Triad plans to drill under. The payment amounts to a signing bonus of $4,275 per acre. When and if Triad drills, the village will get an 18.25% royalty on all gas/liquids produced. The biggest “problem” Matamoras had was how to cash the check! The next “problem” they have is how they’ll spend it. Here’s the low-down…
Read More “OH Village Gets $307K Signing Bonus, 18.25% Royaly to Lease 72 Acres”
Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Regulation | Statewide PA

PA Senate Reintroduces Two Marcellus Royalty Bills, SB 147 & 148
January 22, 2015January 22, 2015

The “funny business” of shorting royalty checks in Pennsylvania–particularly by Chesapeake Energy–may soon come to an end. A pair of bills that didn’t make it past the House last session have been re-introduced in the Senate and both have already passed the Senate Environmental Resources and Energy Committee unanimously. State Sen. Gene Yaw, Republican from northeast Pennsylvania, re-introduced Senate Bills (SB) 147 & 148. SB 147 allows landowners the right to review drilling company records to verify proper royalty payment. It also requires drillers to pay royalties within 90 days of production. SB 148 prohibits drillers from “retaliating” against a landowner who questions royalty payments by canceling the lease or stopping drilling activity. Both bills are embraced by the Pennsylvania chapter of the National Association of Royalty Owners (NARO)…
Read More “PA Senate Reintroduces Two Marcellus Royalty Bills, SB 147 & 148”