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Energy, Oil and Gas Questions & Answers
Q: The bank will not turn on the water or gas for our inspections contingency. Is this legal?
1 Answer
| Asked
in
Real Estate Law, Energy, Oil and Gas and Consumer Law
for
Ohio
on
Answered on Sep 14, 2017
Answered on Sep 14, 2017
Joseph Jaap's answer
Consult with the seller. If the seller does not make arrangements with the utilities to allow you to make a full inspection, then you can terminate the contract under your contingency prior to its expiration. Use the Find a Lawyer tab to consult a local real estate attorney to assist you with the contract and purchase issues.
Consult with the seller. If the seller does not make arrangements with the utilities to allow you to make a full inspection, then you can terminate the contract under your contingency prior to its expiration. Use the Find a Lawyer tab to consult a local real estate attorney to assist you with the contract and purchase issues.
Q: I am receiving TIB. The TD put me at MMI. But I can no longer work in my industry. What happens now ?
1 Answer
| Asked
in
Employment Law, Personal Injury, Workers' Compensation and Energy, Oil and Gas
for
Texas
on
Answered on Aug 29, 2017
Answered on Aug 29, 2017
Roy Lee Warren's answer
As you probably already know the 4% allows you to receive 3 weeks of IIBs for each point, or 12 weeks of IIBs. Your income benefits end at that point, sorry. But as DWC and the carriers lover to point out, you get life-time medical for your injury, as long as you can prove the medical treatment is reasonable, necessary and related to a compensable injury. Good luck.
As you probably already know the 4% allows you to receive 3 weeks of IIBs for each point, or 12 weeks of IIBs. Your income benefits end at that point, sorry. But as DWC and the carriers lover to point out, you get life-time medical for your injury, as long as you can prove the medical treatment is reasonable, necessary and related to a compensable injury. Good luck.
Q: I bought a house with propane on the property included, but they sold the gas back to a company. Can I seek recourse?
1 Answer
| Asked
in
Energy, Oil and Gas, Small Claims, Contracts and Real Estate Law
for
Florida
on
Answered on Aug 24, 2017
Answered on Aug 24, 2017
Andy Wayne Williamson's answer
Yes, the facts as you describe sound viable for a small claims action.
Good luck.
Yes, the facts as you describe sound viable for a small claims action.
Good luck.
Q: In Oklahoma can a surface owner who does not own the minerals sell the surface to an oil company
1 Answer
| Asked
in
Energy, Oil and Gas, Environmental, Mergers & Acquisitions and Real Estate Law
for
Oklahoma
on
Answered on Aug 23, 2017
Answered on Aug 23, 2017
Q: I have mineral rights that I want to sell that were passed down to me but the buyer says I have to file a quiet title.
1 Answer
| Asked
in
Energy, Oil and Gas and Real Estate Law
for
Oklahoma
on
Answered on Aug 23, 2017
Answered on Aug 23, 2017
Richard Winblad's answer
Are you sure that he didn't say probate?
You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a fairly inexpensive summary probate that can be wrapped up on about 90 days:
-the total value of his assets in Oklahoma is $200,000 or less;or
-he died more than 5 years ago; or
-he was not an Oklahoma resident when he died; or
-a probate was completed in another state.
If your relative did not...
Are you sure that he didn't say probate?
You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a fairly inexpensive summary probate that can be wrapped up on about 90 days:
-the total value of his assets in Oklahoma is $200,000 or less;or
-he died more than 5 years ago; or
-he was not an Oklahoma resident when he died; or
-a probate was completed in another state.
If your relative did not...
Q: what forms are need to transfer mineral royalties to another family member
Richard Winblad's answer
That is a tough answer. You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a summary probate that can be wrapped up on about 90 days:
-the total value of his assets in Oklahoma is $200,000 or less;or
-he died more than 5 years ago; or
-he was not an Oklahoma resident when he died; or
-a probate was completed in another state.
Really more information is needed. An affidavit of heir-ship...
That is a tough answer. You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a summary probate that can be wrapped up on about 90 days:
-the total value of his assets in Oklahoma is $200,000 or less;or
-he died more than 5 years ago; or
-he was not an Oklahoma resident when he died; or
-a probate was completed in another state.
Really more information is needed. An affidavit of heir-ship...
Q: Plaintiff filed a MSJ against co-defendant to quiet a title. Can I file an opposition? If yes, how?
Joseph Jaap's answer
Use the Find a Lawyer tab to consult an Ohio attorney who does real estate litigation involving mineral rights to review the situation and advise what to do. If a motion has been filed, there are time limits involved in responding. If you are not a party to the lawsuit, then you need to file. So contact an attorney at once.
Use the Find a Lawyer tab to consult an Ohio attorney who does real estate litigation involving mineral rights to review the situation and advise what to do. If a motion has been filed, there are time limits involved in responding. If you are not a party to the lawsuit, then you need to file. So contact an attorney at once.
Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?
1 Answer
| Asked
in
Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law
for
Maryland
on
Answered on Jul 14, 2017
Answered on Jul 14, 2017
Glenn B. Manishin's answer
1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.
2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a party to the regulatory proceeding, but I do not know what MD law says on that subject. One way to cure such a default would be to petition the MPSC for reconsideration, since under § 3-294, "if a rehearing...
1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.
2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a party to the regulatory proceeding, but I do not know what MD law says on that subject. One way to cure such a default would be to petition the MPSC for reconsideration, since under § 3-294, "if a rehearing...
Q: Do I have a case against West Penn Power?
1 Answer
| Asked
in
Consumer Law, Products Liability, Energy, Oil and Gas and Land Use & Zoning
for
Pennsylvania
on
Answered on Jul 7, 2017
Answered on Jul 7, 2017
Peter Munsing's answer
If fortunately nothing happened, and they have put it right no. You can only make a claim for what happened, not what could have happened.
If fortunately nothing happened, and they have put it right no. You can only make a claim for what happened, not what could have happened.
Q: Hi, I would like to find all legislations and regulations related to sludge or cuttings reinjection (for oil industry)
1 Answer
| Asked
in
Energy, Oil and Gas, Environmental and Gov & Administrative Law
for
Texas
on
Answered on Jun 11, 2017
Answered on Jun 11, 2017
Gregory Andrews Cade's answer
The information on these pages should be useful:
https://www.epa.gov/radiation/tenorm-oil-and-gas-production-wastes
http://www.tenorm.com/regs.htm
The information on these pages should be useful:
https://www.epa.gov/radiation/tenorm-oil-and-gas-production-wastes
http://www.tenorm.com/regs.htm
Q: Can the tentants make us pay for their water bill ?
1 Answer
| Asked
in
Contracts, Real Estate Law, Energy, Oil and Gas and Landlord - Tenant
for
Tennessee
on
Answered on May 31, 2017
Answered on May 31, 2017
Leonard Robert Grefseng's answer
The water department wherever you live is sending the bill to whoever applied for the service. If that was you as homeowner, you owe the bill. However, if you had the tenant take over the water service and the account is in their name, they owe the bill. If you just rented the house to them and did not change the water billing to them, then you still owe the bill and will have to go after and sue the tenants for reimbursement. They ran the bill up and should pay it, but if you allowed the...
The water department wherever you live is sending the bill to whoever applied for the service. If that was you as homeowner, you owe the bill. However, if you had the tenant take over the water service and the account is in their name, they owe the bill. If you just rented the house to them and did not change the water billing to them, then you still owe the bill and will have to go after and sue the tenants for reimbursement. They ran the bill up and should pay it, but if you allowed the...
Q: probe and how to get a copy of the original will
Wesley Winsor's answer
If the will is in probate, it is a public document. You can go to the Court and pay some money to get a copy of it. If you have the name of the personal representative or the decedent then the Court should be able to locate it for you.
If you are an heir or a natural heir (son/daughter/husband/wife) then you should have received notice of probate and hearing, if not then you can get it from the Court.
I hope this helps.
If the will is in probate, it is a public document. You can go to the Court and pay some money to get a copy of it. If you have the name of the personal representative or the decedent then the Court should be able to locate it for you.
If you are an heir or a natural heir (son/daughter/husband/wife) then you should have received notice of probate and hearing, if not then you can get it from the Court.
I hope this helps.
Q: How much would denied inheritance cost? Where do one even began the research or who shall one contact?
1 Answer
| Asked
in
Estate Planning, Civil Rights, Energy, Oil and Gas and Land Use & Zoning
for
Louisiana
on
Answered on Apr 26, 2017
Answered on Apr 26, 2017
Douglas Lee Bryan's answer
I would suggest you speak with an attorney as soon as possible. Time delays may apply to limit how far back you can go to collect your father's portion of the royalties. In other words, the longer you wait, the less you may be able to receive in past royalties. As far as cost, attorneys can be creative in how they charge to make their representation affordable to you, including charging a percentage of the recovery, billing hourly, or a combination of the two. Give me a call, and I'll be...
I would suggest you speak with an attorney as soon as possible. Time delays may apply to limit how far back you can go to collect your father's portion of the royalties. In other words, the longer you wait, the less you may be able to receive in past royalties. As far as cost, attorneys can be creative in how they charge to make their representation affordable to you, including charging a percentage of the recovery, billing hourly, or a combination of the two. Give me a call, and I'll be...
Q: I'm thinking of buying some land. Someone else owns the mineral rights. Can they drill on my land as much as they want?
1 Answer
| Asked
in
Real Estate Law, Energy, Oil and Gas, Environmental and Land Use & Zoning
for
Arizona
on
Answered on Apr 19, 2017
Answered on Apr 19, 2017
Gregory Andrews Cade's answer
In areas where mineral exploitation is common, the mineral owner might choose to exercise his rights to access and mine the minerals owned. The landowner is protected by state and local laws regulating the period of drilling or the depth of excavation. To evaluate a potential investment, consult a lawyer in your area experienced in mineral law. Good luck.
In areas where mineral exploitation is common, the mineral owner might choose to exercise his rights to access and mine the minerals owned. The landowner is protected by state and local laws regulating the period of drilling or the depth of excavation. To evaluate a potential investment, consult a lawyer in your area experienced in mineral law. Good luck.
Q: My wife inherited mineral rights along with her siblings to property owned by her parents.
Jim Ed "Jed" Franklin's answer
It depends on what title you have to the mineral rights. Based on what you've written, you are probably co-tenants of an undivided interest in oil, gas, and other minerals. Assuming this, then no, you cannot stop the siblings from leasing, selling, or using their part of the interest. Each co-tenant has the right to develop the land if they want to. So, you may not want to, and you don't have to lease or sell or be any part of the operations, but your siblings might want to. You could...
It depends on what title you have to the mineral rights. Based on what you've written, you are probably co-tenants of an undivided interest in oil, gas, and other minerals. Assuming this, then no, you cannot stop the siblings from leasing, selling, or using their part of the interest. Each co-tenant has the right to develop the land if they want to. So, you may not want to, and you don't have to lease or sell or be any part of the operations, but your siblings might want to. You could...
Q: Can you put a lean on mineral rights in Tennessee? If so, what are the implications, procedures, and requirements?
2 Answers
| Asked
in
Energy, Oil and Gas and Real Estate Law
for
Tennessee
on
Answered on Mar 1, 2017
Answered on Mar 1, 2017
Kevin Christopher's answer
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.
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.
Q: Can a nonprofit utility co. Deny me a new account, after service shutoff due to owners delinquent bill?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on Feb 12, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: Is it possible for me to sell mineral rights to the land under my property but maintain the surface rights above ground?
Tristan Kenyon Schultz's answer
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.
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.
Q: How to transfer a gifted oil royalty from a deceased person with no will.
Jim Ed "Jed" Franklin's answer
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...
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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