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Energy, Oil and Gas Questions & Answers
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...
Q: What rights do I have as a royalty interest owner in Oklahoma if I haven't been paid my royalties in years?
Jim Ed "Jed" Franklin's answer
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...
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...
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
Answered on Feb 3, 2017
Jim Ed "Jed" Franklin's answer
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...
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...
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
Answered on Jan 25, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on Jan 23, 2017
Leonard Robert Grefseng's answer
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.
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.
Q: Can you help me to see if my royalties from a gas and oil division are being paid correctly?
Ali Ebrahimzadeh, Esq.'s answer
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.
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.
Q: Can you help me find out if I'm being paid right for my gas and oil royalties?
Ali Ebrahimzadeh, Esq.'s answer
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.
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.
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
Answered on Jan 6, 2017
Tristan Kenyon Schultz's answer
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.
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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