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Old 08-16-2008, 02:02 PM
 
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Originally Posted by CaptShadow View Post
Thanks Kurt. I found some FAQ's on Louisiana Department of Natural Resources which suggest that I go to my parish clerk of court’s office and research my deed to find out if I own my mineral rights. If I can't determine anything there then I will have to consider hiring a landman or attorney to help me. Thanks again.
Sounds good. Keep in touch and let this thread know what you found out. There are many people out here that are sort of in limbo on all of this. If there is no production on any existing lease on my property in the next 8 years the mineral rights revert to me--but I have 36 acres and there is a possiblility that I might be involved in some above ground pipeline or storage surface operation. So far there has been no production. Once I have had the property for 10 years all new leases must be negotiated with me. The productive wells have been drilled in a strata to the north of me up by Logansport--the very northern end of Toledo Bend lake. My property is lakefront and definitely recreational--although I have a nice stand of timber that can be harvested in about 5-6 years.

Where is your property located?
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Old 08-16-2008, 05:41 PM
 
Location: Thibodaux, Louisiana
65 posts, read 381,319 times
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Sounds like you are somewhat close the Haynesville shale play. If I were you I would also be investigating what and if your neighbors are leasing their property. They are paying some very high amounts for leases. Good luck, to read about this play just type in Haynesville Shale, there are several articles in geology.com about the technology that has made this a viable drilling target and some info on the going lease prices and royalties being paid.
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Old 12-07-2008, 05:47 PM
 
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A natural gas well is going into my neighbors property, he has told us the gas company plans to run horizontal pipes under our property to transport it to the main gas line. This is all new to our area in NE PA. Are we entitled to any royality on the gas?
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Old 12-08-2008, 04:59 PM
 
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Originally Posted by Anole View Post
Sounds like you are somewhat close the Haynesville shale play. If I were you I would also be investigating what and if your neighbors are leasing their property. They are paying some very high amounts for leases. Good luck, to read about this play just type in Haynesville Shale, there are several articles in geology.com about the technology that has made this a viable drilling target and some info on the going lease prices and royalties being paid.
Thank you for your information. We are actually in the Marchellus Shale area in NW PA area. We are under a current lease and so are most of our neighbors, thank you for suggesting the articles etc. All of this gas exploration is just starting to take place up here with the new technology. I just thought since areas in LA and TX have been leased up and producing natural gas for a while now someone might know how this works when the "branches" (I dont know the correct terms) go outward onto another persons property. Once the landsmen sign you up they have now all disapeared so it is tough to get any answers. thank you again for your help.
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Old 12-09-2008, 05:53 AM
 
Location: Thibodaux, Louisiana
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Patches, down here if the well is successful then a production area will be delineated- that is to say the boundaries of the productive zone will be determined. Royalties are determined by how much land you have in the unit. All this info is public-there are hearings to discuss the areal extent of production and these can be quite heated as some folks are not included in the unit. There are several factors which come in to play-faults, pinchouts, poor data, a good geologist to argue your case, etc. Landmen don't always have the answer, if there is a university nearby-try the geology dept. or your state should have a mineral dept. where you can look up this info. In Louisiana we have an online site called Sonris which has tons of info on wells. All wells are numbered and lots of info is available online. I don't know anything about the Marcellus Shale in Pa. but good luck. I'm not sure what you mean by "branches".
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Old 12-03-2009, 07:30 AM
 
Location: Lafayette, LA
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The sale or reservation of mineral rights creates a mineral servitude. This severance would be for a 10 year period in the absence of any production (Louisiana law of prescription). If production commences (or a good faith attempt at production) within the 10 year period, prescription would be interrupted and the mineral servitude would be maintained for the life of the production and then 10 years thereafter. No additional documentation is need to convey the mineral rights after the 10 years, Louisiana law will automatically transfer the mineral rights to the surface owner (or successor in interest). This is a simplified explanation. JC, Independent Landman, louisianaenergy.ning.com
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Old 12-05-2009, 11:09 AM
 
13 posts, read 67,699 times
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Quote:
Originally Posted by JulesClement View Post
The sale or reservation of mineral rights creates a mineral servitude. This severance would be for a 10 year period in the absence of any production (Louisiana law of prescription). If production commences (or a good faith attempt at production) within the 10 year period, prescription would be interrupted and the mineral servitude would be maintained for the life of the production and then 10 years thereafter. No additional documentation is need to convey the mineral rights after the 10 years, Louisiana law will automatically transfer the mineral rights to the surface owner (or successor in interest). This is a simplified explanation. JC, Independent Landman, louisianaenergy.ning.com
Best explaination seen or heard so far.

Cajunham, Louisiana Notary and Real Estate Professional
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Old 12-05-2009, 02:34 PM
 
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Question What is considered "production" and "good faith"?

Quote:
Originally Posted by JulesClement View Post
The sale or reservation of mineral rights creates a mineral servitude. This severance would be for a 10 year period in the absence of any production (Louisiana law of prescription). If production commences (or a good faith attempt at production) within the 10 year period, prescription would be interrupted and the mineral servitude would be maintained for the life of the production and then 10 years thereafter. No additional documentation is need to convey the mineral rights after the 10 years, Louisiana law will automatically transfer the mineral rights to the surface owner (or successor in interest). This is a simplified explanation. JC, Independent Landman, louisianaenergy.ning.com
Help me out here. Production would mean "marketable" volume of gas being produced? And "good faith"? Does that mean the well has not been closed down and there has been dilling activity on a continuous basis? Or can they keep the operation idle and simply start it up again periodically. That could mean the servitude could go on and on. Clarification, please. Otherwise it is indeed a good explanation of very techincal law.
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Old 12-07-2009, 08:35 PM
 
13 posts, read 67,699 times
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Quote:
Originally Posted by Kurt View Post
Help me out here. Production would mean "marketable" volume of gas being produced? And "good faith"? Does that mean the well has not been closed down and there has been dilling activity on a continuous basis? Or can they keep the operation idle and simply start it up again periodically. That could mean the servitude could go on and on. Clarification, please. Otherwise it is indeed a good explanation of very techincal law.
Marketable volume is subjective since as long as the product is produced and sold, it is therefore, marketable, a word of art which has no set definition except to say it is up to the court to define marketable based upon evidence that the production is not wasted or squandered and is recovered to the maximum quantity and price to the royalty (mineral owner).

Good faith is an open word of art but all actions are presumed to be in good faith unless otherwise proved.

See Title 30, The Lousiana Mineral Code. the questions you query are discussed in several volumes.
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Old 12-08-2009, 02:00 PM
 
450 posts, read 2,056,201 times
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Default Thanks, Cajunham.

The "questions I query" are indeed fraught with a myriad of interpretations that would require a court-of-law if it came to ascertaining things. This Louisiana mineral rights stuff is a lawyer's dream --nuanced and twisted to death. I can see why you need legal counsel to proceed. I will forego the multi-volume search for now. Thanks again.
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