Infection Energy Delays Signing Bonus Payments for Landowners in Windsor, NY Area
Last year some 40 landowners separated from the Windsor & Colesville Oil and Gas Lease Coalition to sign a deal to lease their land to Inflection Energy. Collectively the breakaway group holds about 3,000 acres. The rest of the coalition decided against signing in hopes of a better deal once drilling is allowed to begin in New York. The deal signed with Inflection was supposed to yield a signing bonus of $2,750 per acre, due to landowners by March 3rd. But that payment did not happen.
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Good question, and one that Brandon Otis, a CPA and valuations specialist with Alpern Rosenthal, an accounting advisory firm, addressed at a recent meeting in Pittsburgh. Otis has done research on 384 Marcellus wells in Susquehanna County, PA and has come up with a list of criteria for determining value. Among the criteria he uses:
Many landowners in the Broome County, NY area who signed gas leases years ago are now receiving letters from the energy companies holding those leases that the landowner is “locked in” to the terms of the lease even though the original term has now expired. Why? The legal term is “force majeure,” which roughly means “due to circumstances beyond our control—the fact that New York State continues to prevent drilling—you have to stick with us for a while longer.” Because this involves contracts and interpretation of the terms of those contracts, it’s now in the hands of lawyers, or heading in that direction.