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Energy, Oil and Gas Questions & Answers
Q: I am a court appointed guardian. Can I lease mineral rights for oil n gas without getting a judge to sign off on it?
Richard Winblad's answer
First:
Oklahoma Statutes Citationized
Title 30. Guardian and Ward
Oklahoma Guardianship and Conservatorship Act
Sale of Property
Article Article IV - Miscellaneous Provisions
Section 4-759 - Personal Representatives May Sell Oil, Gas and Mining Leases
Cite as: O.S. §, __ __
Personal representatives including but not limited to guardians of the property, guardians of minors or of incapacitated or partially incapacitated persons are...
First:
Oklahoma Statutes Citationized
Title 30. Guardian and Ward
Oklahoma Guardianship and Conservatorship Act
Sale of Property
Article Article IV - Miscellaneous Provisions
Section 4-759 - Personal Representatives May Sell Oil, Gas and Mining Leases
Cite as: O.S. §, __ __
Personal representatives including but not limited to guardians of the property, guardians of minors or of incapacitated or partially incapacitated persons are...
Q: My water service is not listed as regulated by the BPU. I am in the tears and they want 65% ($2000) by Monday or they
Aimee Hess' answer
I'm not sure what the BPU is. In Texas, if it is a rural water company, ask to see a copy of the company's tariff. The tariff will set out how they handle payments of deficiencies. If you disagree with the procedure, you can file a complaint with the Texas Commission on Environmental Quality or the Public Utilities Commission, who regulate water companies in Texas. In addition, you can appear at the water company's monthly board meeting to explain the situation and request a payment plan.
I'm not sure what the BPU is. In Texas, if it is a rural water company, ask to see a copy of the company's tariff. The tariff will set out how they handle payments of deficiencies. If you disagree with the procedure, you can file a complaint with the Texas Commission on Environmental Quality or the Public Utilities Commission, who regulate water companies in Texas. In addition, you can appear at the water company's monthly board meeting to explain the situation and request a payment plan.
Q: I am pretty sure a nearby company is polluting my well water. What are my next steps?
Aimee Hess' answer
This is not something you can do on your own. You will need to contact an attorney who specializes in these kinds of claims. They will retain engineering experts to investigate the causal connection between the nearby company and your water well. The experts will test your water and attempt to determine if there is "correspondence" between the company's activities and any pollutants found in your well, in other words, whether any pollutants created by this company are actually migrating to your...
This is not something you can do on your own. You will need to contact an attorney who specializes in these kinds of claims. They will retain engineering experts to investigate the causal connection between the nearby company and your water well. The experts will test your water and attempt to determine if there is "correspondence" between the company's activities and any pollutants found in your well, in other words, whether any pollutants created by this company are actually migrating to your...
Q: What can be done about a telemarketer that called at 5:45 AM on a Sunday morning and then hung up when answered?
Timur Akpinar's answer
You could consult with a collections attorney in your state as to your remedies. If you repost your question in the Collections section of this website, an attorney who works in that area would have a better chance of picking it up.
Tim Akpinar
You could consult with a collections attorney in your state as to your remedies. If you repost your question in the Collections section of this website, an attorney who works in that area would have a better chance of picking it up.
Tim Akpinar
Q: How can I prove that my dad's cancer was caused by toxic waste dumps from a nearby oil factory?
Aimee Hess' answer
You will need to contact an attorney who specializes in personal injury. They will retain a medical and other experts to investigate the causal connection between the waste and your father's cancer.
You will need to contact an attorney who specializes in personal injury. They will retain a medical and other experts to investigate the causal connection between the waste and your father's cancer.
Q: Is gas stove with standing pilot light legal? No electric start, pilot light keeps going out leaking gas.
T. J. Jesky's answer
Some gas appliances have a standing pilot light, i.e. a small flame that burns continuously, used to light the main burner gas. Should the pilot light flame go out, most appliances have a safety that will stop the flow of gas to both the main burner and the pilot. These appliances are known as 100% shut-off. It appears your stove does not have a shut-off.
Since so many gas stoves, with a continuous flames exist, I am not aware of any laws that prohibits the appliance. You can...
Some gas appliances have a standing pilot light, i.e. a small flame that burns continuously, used to light the main burner gas. Should the pilot light flame go out, most appliances have a safety that will stop the flow of gas to both the main burner and the pilot. These appliances are known as 100% shut-off. It appears your stove does not have a shut-off.
Since so many gas stoves, with a continuous flames exist, I am not aware of any laws that prohibits the appliance. You can...
Q: I stole gas from this one gas station twice and the second time one of the workers came out to look at my plates.
T. J. Jesky's answer
Based on your story, you committed a Class A Misdemeanor. That being said if you have a previous theft conviction, the charge can be increased to a Class 4 felony.
So, what do think is going to happened? You committed and confessed to a theft crime. Once the police free up their resources, they should be able hunt you down. Keep looking over your shoulder for a special tap.
In Illinois, this type of charge includes a fine of up to $2,500 for each charge, as well as up to...
Based on your story, you committed a Class A Misdemeanor. That being said if you have a previous theft conviction, the charge can be increased to a Class 4 felony.
So, what do think is going to happened? You committed and confessed to a theft crime. Once the police free up their resources, they should be able hunt you down. Keep looking over your shoulder for a special tap.
In Illinois, this type of charge includes a fine of up to $2,500 for each charge, as well as up to...
Q: What if defendant provided falsified document in there request for summary judgement?
William John Light's answer
Opposing a motion for summary judgment is a lengthy and complicated task, one that involves many, many hours of attorney labor. In order to point out disputed facts, you have to file an Opposition to Defendants Separate Statement of Undisputed Facts where you quote each fact set forth by Defendants, and then state whether that fact is Undisputed or Disputed. If it is Disputed, you have to refer to the admissible evidence that supports your position, and/or make evidentiary objections to...
Opposing a motion for summary judgment is a lengthy and complicated task, one that involves many, many hours of attorney labor. In order to point out disputed facts, you have to file an Opposition to Defendants Separate Statement of Undisputed Facts where you quote each fact set forth by Defendants, and then state whether that fact is Undisputed or Disputed. If it is Disputed, you have to refer to the admissible evidence that supports your position, and/or make evidentiary objections to...
Q: My father is a fisherman affected by the BP oil spill. He doesn't speak almost any English (he's from Vietnam) but a BP
Aimee Hess' answer
It difficult to void a signed document in Texas, but Texas does allow voiding a document in certain cases where the signature was obtained by fraud. In order to determine if fraud is present in your father's case, you and your father will need to consult with an attorney who will review all the facts and circumstances regarding his signing of the settlement document to determine if the situation meets the Texas definition of fraud, and if it does, what procedures might be available to void the...
It difficult to void a signed document in Texas, but Texas does allow voiding a document in certain cases where the signature was obtained by fraud. In order to determine if fraud is present in your father's case, you and your father will need to consult with an attorney who will review all the facts and circumstances regarding his signing of the settlement document to determine if the situation meets the Texas definition of fraud, and if it does, what procedures might be available to void the...
Q: Since the solar company has not placed the solar system in service, can I cancel the agreement?
1 Answer
| Asked
in
Consumer Law, Contracts and Energy, Oil and Gas
for
New York
on
Answered on Aug 31, 2018
Answered on Aug 31, 2018
Michael David Siegel's answer
If they installed the system, they are not going to let you terminate the contract. News 12 just did a report on this. The UCC is not a lien on the whole house, just the solar system. The problem is that some banks do not know how to read it so it is an issue on refinance.
If they installed the system, they are not going to let you terminate the contract. News 12 just did a report on this. The UCC is not a lien on the whole house, just the solar system. The problem is that some banks do not know how to read it so it is an issue on refinance.
Q: Would it be acceptable for us to record a "Memorandum of Option To Exercise Oil, Gas, & Mineral Lease?" Thanks!
Aimee Hess' answer
Filing a memorandum in the county deed records is certainly used to give notice of an agreement without disclosing the precise terms. However, before you do that, have an oil and gas attorney review the option itself, as well as take a look a Texas court decisions, to make sure you are not going to be in violation of the option agreement by filing the memorandum.
Filing a memorandum in the county deed records is certainly used to give notice of an agreement without disclosing the precise terms. However, before you do that, have an oil and gas attorney review the option itself, as well as take a look a Texas court decisions, to make sure you are not going to be in violation of the option agreement by filing the memorandum.
Q: Is it necessary to sign a W-9 form in order to transfer royalty from my deceased grand father's account?
Aimee Hess' answer
Yes, the oil company is required to get a W-9 so they know how to report royalties to the IRS and also to you at the end of the year on a 1099.
Yes, the oil company is required to get a W-9 so they know how to report royalties to the IRS and also to you at the end of the year on a 1099.
Q: Are there any guidelines for recording an "Option To Exercise Oil, Gas, and Mineral Lease" in the state of Texas?
Aimee Hess' answer
Texas county clerks required original , notarized signatures on the document and payment of the correct filing fee to file any document in the county deed records.
Texas county clerks required original , notarized signatures on the document and payment of the correct filing fee to file any document in the county deed records.
Q: Is it legal to put a wind turbine on the roof of a house?
Aimee Hess' answer
Whether or not you can install a wind turbine on your house depends on a number of factors. You will need to have an attorney evaluate your particular circumstances to determine if the law allows it. Generally, your attorney would need to determine what municipal or county ordinances might apply that could restrict or regulate this installation. Secondly, your attorney would need to determine if there are any restrictive covenants for your neighborhood that may prohibit or regulate a wind...
Whether or not you can install a wind turbine on your house depends on a number of factors. You will need to have an attorney evaluate your particular circumstances to determine if the law allows it. Generally, your attorney would need to determine what municipal or county ordinances might apply that could restrict or regulate this installation. Secondly, your attorney would need to determine if there are any restrictive covenants for your neighborhood that may prohibit or regulate a wind...
Q: I'm Not getting overtime paid right
1 Answer
| Asked
in
Employment Law, Business Law, Civil Rights and Energy, Oil and Gas
for
Pennsylvania
on
Answered on Jul 24, 2018
Answered on Jul 24, 2018
Peter Munsing's answer
not knowing your overtime rate it's hard to tell what your figures are but the wage hour division of the US Department of Labor would have information on filing a complaint.
Suggest if you haven't already save your check stubs as those should show the hours you worked each week which would give you overtime hours.
You want to check to be sure they have your hours correctly, too!
good luck
not knowing your overtime rate it's hard to tell what your figures are but the wage hour division of the US Department of Labor would have information on filing a complaint.
Suggest if you haven't already save your check stubs as those should show the hours you worked each week which would give you overtime hours.
You want to check to be sure they have your hours correctly, too!
good luck
Q: If a person dies intestate in one state, has investment in another, which state determines intestate heir distribution?
2 Answers
| Asked
in
Estate Planning, Family Law, Energy, Oil and Gas and Probate
for
Tennessee
on
Answered on Jul 23, 2018
Answered on Jul 23, 2018
Leonard Robert Grefseng's answer
The law of the state where the deceased resided at the time of death controls. Residency is a matter of intent: for example- If I have a vacation home in Hawaii, I might stay there most of the time, but I could maintain my legal residence in Tennessee, and Tennessee law controls who would inherit from me.
The law of the state where the deceased resided at the time of death controls. Residency is a matter of intent: for example- If I have a vacation home in Hawaii, I might stay there most of the time, but I could maintain my legal residence in Tennessee, and Tennessee law controls who would inherit from me.
Q: Can a utility company put ALL responsibility on homeowner in case of damage to a shallow buried gas line?
2 Answers
| Asked
in
Business Law, Energy, Oil and Gas and Consumer Law
for
California
on
Answered on Jul 19, 2018
Answered on Jul 19, 2018
Thomas A. Grossman's answer
I don't know that an Oklahoma Supreme Court decision will help you any in your case, as it is in a different sate, and judges can go one way or another. If there has been no lawsuit filed, you can probably go to your local small claims court and file your own small claims case against So Cal. If you win, they can appeal to superior court. If you lose, you cannot appeal.
I don't know that an Oklahoma Supreme Court decision will help you any in your case, as it is in a different sate, and judges can go one way or another. If there has been no lawsuit filed, you can probably go to your local small claims court and file your own small claims case against So Cal. If you win, they can appeal to superior court. If you lose, you cannot appeal.
Q: Who do I need to get a hold of? I live in California's poorest county. The town I live in has only 1 service station.
2 Answers
| Asked
in
Consumer Law, Business Law and Energy, Oil and Gas
for
California
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
Q: Several years ago a petroleum company removed a pump that was partially on my father's land. Can we still seek damage
Aimee Hess' answer
I assume you are asking whether you can recover damages to the land? Whether or not you can depends on a number of factors, such as how long ago the damage occurred, what kind of damage it is and the terms of any agreements between your father and the oil company. It is important to have an oil and gas attorney review these and other factors with you to determine if your father can assert a claim for damages. Be aware that there are statutes of limitations that prohibit bringing a claim after a...
I assume you are asking whether you can recover damages to the land? Whether or not you can depends on a number of factors, such as how long ago the damage occurred, what kind of damage it is and the terms of any agreements between your father and the oil company. It is important to have an oil and gas attorney review these and other factors with you to determine if your father can assert a claim for damages. Be aware that there are statutes of limitations that prohibit bringing a claim after a...
Q: Our mother made a deal leasing her rights, but she has early stage dementia, can we contest this?
Aimee Hess' answer
If your mother's dementia prevented her from understanding what she was signing, it may be possible to void the lease. You will need to seek the assistance of an attorney to evaluate the specifics of her situation and also a written opinion of a physician that she lacks mental capacity to understand what she signed.
If your mother's dementia prevented her from understanding what she was signing, it may be possible to void the lease. You will need to seek the assistance of an attorney to evaluate the specifics of her situation and also a written opinion of a physician that she lacks mental capacity to understand what she signed.
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