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Energy, Oil and Gas Questions & Answers

Q: Can you put a lean on mineral rights in Tennessee? If so, what are the implications, procedures, and requirements?

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Tennessee on
Answered on Mar 1, 2017

There's no straightforward answer without more of the story. For instance, a recent Tennessee case involved a dispute as to whether sandstone qualified as a mineral. Also, in order to qualify you would likely need to have provided some sort of services in connection with the mineral in order to attach to proceeds from its exploitation.
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Q: Can a nonprofit utility co. Deny me a new account, after service shutoff due to owners delinquent bill?

1 Answer | Asked in Energy, Oil and Gas and Consumer Law for California on
Answered on Feb 13, 2017

See: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

You may be able to sue the landlord for violation of the implied warranty of habitability.

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: I am the named Trustee on a trust that is related to Standard Oil and Northern Trust/Northern Telecom where my Dad Worke

1 Answer | Asked in Energy, Oil and Gas, Estate Planning, Gov & Administrative Law and Government Contracts for California on
Answered on Feb 12, 2017

Why would you be denied entry to a public court? Have you filed anything in Probate Court about this? Is there a trust administrator that you've contacted? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: Is it possible for me to sell mineral rights to the land under my property but maintain the surface rights above ground?

2 Answers | Asked in Energy, Oil and Gas for Colorado on
Answered on Feb 10, 2017

Yes, you can. However, a lease or sale of mineral rights will also condition a right to access the above-ground property so the extraction can occur (i.e. the mining trucks will require some means to enter the property to extract the resources). Also, the nature of what is reasonably marketable is partially contingent on the size and scope of the land. Contact a real estate attorney who is familiar with resource extraction for details.
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Q: How to transfer a gifted oil royalty from a deceased person with no will.

1 Answer | Asked in Energy, Oil and Gas and Probate for Texas on
Answered on Feb 3, 2017

You need to consult a lawyer on this. It seems to be a very complex situation. Having said that, it appears that the estate needs to be probated, even though there is not a will. This is called "intestate succession". The laws of Texas will govern how the property is to be distributed, and it is different for community property than separate property. Once you go through this process, someone will be able to properly pass the property on under the law. Then you can show the oil company...
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Q: What rights do I have as a royalty interest owner in Oklahoma if I haven't been paid my royalties in years?

1 Answer | Asked in Contracts and Energy, Oil and Gas for Oklahoma on
Answered on Feb 3, 2017

You can sue anyone for anything. Winning is another matter. There are not enough facts to fully and faithfully answer your question. However, it does sound like you are entitled to the unpaid royalties, probably with interest. I would start with the current operator and ask them what is going on. It is unusual for a dispute among companies to affect the royalty owners. Normally, a title dispute is what suspends payment to royalty owners. Finally, you want to make an inquiry soon because...
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Q: selling mineral rights, is it standard practice for seller to sign a contract and sign over the deed before being paid?

1 Answer | Asked in Energy, Oil and Gas, Contracts and Real Estate Law for Oklahoma on
Answered on Feb 3, 2017

The buyer will want you to do it that way, but I always counsel my clients to not turn over the deed until payment is made. Usually I do this simultaneously. I've not had a problem in asking for and getting this concession, because otherwise it is too risky and not fair to the seller.

You mention a contract as well. You must be very careful in signing the contract because it may obligate you to sell while not obligating them to buy. There is usually a provision for checking title...
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Q: Can I hold my landlord liable for gas bill

1 Answer | Asked in Energy, Oil and Gas, Landlord - Tenant and Real Estate Law for California on
Answered on Jan 25, 2017

If the high gas bill is the result of a leak in your heater, then you can make a demand on your landlord for the reasonable difference. If he does not willingly pay, and if you have evidence of your claims, you can sue in small claims court. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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Q: power co wants to charge $2200 to turn on power for a new business that is in the same place as one that didn't pay bils

1 Answer | Asked in Business Law, Civil Litigation and Energy, Oil and Gas for Tennessee on
Answered on Jan 23, 2017

Most likely, yes. Most local utility companies are regulated- their rates are limited by a separate agency to prevent "gouging" the consumer. But at the same time, they are allowed to demand deposits to secure payment. In other words, they can't make huge profits, but they can't lose money either. If you want the service, you will probably have to pay the deposit to get it, but then appeal the amount of the deposit to the board/agency that sets the rates.
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Q: Can you help me to see if my royalties from a gas and oil division are being paid correctly?

1 Answer | Asked in Energy, Oil and Gas for California on
Answered on Jan 18, 2017

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Can you help me find out if I'm being paid right for my gas and oil royalties?

1 Answer | Asked in Energy, Oil and Gas for California on
Answered on Jan 18, 2017

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: I have a non compliant trustee my sister's will .what should be done

2 Answers | Asked in Energy, Oil and Gas, Estate Planning and Probate for Colorado on
Answered on Jan 6, 2017

At this point the best approach is to contact a probate attorney to discuss your case and potential claims against the trustee. As an aside, it is beyond strange that the estate has not been probated for such a long time (unless complex litigation with appeal occurred with the estate). Make sure to contact an attorney in the state and county where the person died.
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Q: Am I entitled to royalties that are in an estate account for oil mineral rights I inherited?

1 Answer | Asked in Energy, Oil and Gas and Estate Planning for Texas on
Answered on Dec 22, 2016

If royalties are currently being paid, yes.
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Q: I have been without gas/ heat in my building for 2 months. Have reported it to the city inspector & council w/ no solve

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for New York on
Answered on Dec 20, 2016

If you are in New York City, the Emergency Repair office of HPD should restore heat and bill the landlord. Call HPD emergency line.
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Q: I am considering purchasing a former gas station site and repurposing it for my business but am worried about cleanup.

1 Answer | Asked in Energy, Oil and Gas for Illinois on
Answered on Oct 26, 2016

Yes, that is certainly a valid concern, as I have witnessed clean up costs ending up being much more than anticipated on similar transactions. There are several legal issues you should be aware of, ranging from local ordinances to federal regulations through the EPA. I would highly recommend being proactive, and consulting with an attorney immediately to discuss the details of this situation. A knowledgeable attorney will review the facts, and advise you as to the most suitable course of...
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Q: Not sure if I can sue or if it worth it. Got bad diesel from a station. Cost $8700 to fix. documented it was bad fuel.

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Products Liability and Energy, Oil and Gas for Texas on
Answered on Aug 30, 2016

Send the claim to the station with a copy, and ask them to forward the copy to their carrier. If they are a franchise (shell, Exxon, BP etc) send a claim to corporate. That doesn't get a response file a small claims case. Most attorneys would say this is the one time we say may as well do it yourself , but get a consult from a consumer attorney. Go to www.naca.net
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Q: Is it legal for the town or city you stay in ,to turn off your water & gas supply, in Louisiana

1 Answer | Asked in Energy, Oil and Gas, Environmental and Legal Malpractice for Louisiana on
Answered on Aug 3, 2016

If you have paid your gas and water fees, I don't see that it would be.There would have to be a shut off notice for each, I believe.
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Q: If a lawyer file your case in a court to sue for oil and gas interest and then was offer a settlement but you didn't

1 Answer | Asked in Energy, Oil and Gas and Legal Malpractice for Texas on
Answered on Jul 9, 2016

If there are problems with the case he discovers he can, within the code of ethics, ask to withdraw.
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Q: heirship question in regards to Florida law

1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Florida on
Answered on Mar 30, 2016

The mineral rights, as well as anything else in Peggy's estate, pass to her intestate heirs, who would be her children as well as Tom (or his estate).
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Q: Utilities question

1 Answer | Asked in Energy, Oil and Gas for Florida on
Answered on Oct 23, 2015

What does the lease say about this? Read it. If it says nothing about this, and you have already vacated, it appears that the landlord is being unreasonable here.

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