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Energy, Oil and Gas Questions & Answers
1 Answer | Asked in Energy, Oil and Gas and Environmental for Maryland on
Q: Is owner of rowhouse with 2 mth old oil spill in basement responsible for adjacent rowhouse being unlivable due to smell

The rowhouse homeowner was doing renovations & hired a contractor to remove the old oil tank in the basement. They dropped the tank and oil spilled on basement floor. The smell permeated the walls of the adjacent rowhouse causing an overpowering smell. The dog began throwing up. The 6-month-old... View More

Mark Oakley
Mark Oakley
answered on May 16, 2022

I assume you meant St. Charles, Maryland, and not Missouri. First, try calling the county department of the environment or health department to report the toxic spill and contamination affecting neighboring properties and health.

Second, call your homeowner's insurance company and...
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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: my wifes sister wont sign a oil lease allowing the inherited oil to go to waist what can we do we are in oklahoma?

my wife and her sister have a oil lease and her sister is fighting us on signing the oil lease and letting it go to waste.

James Tack Jr
James Tack Jr
answered on May 12, 2022

Unless the interest is held in a trust, corporation, LLC, or other entity requiring both of their signatures, your wife can sign the lease for her interest without her sister's signature. If her sister doesn't sign, the oil company can force pool the sister's interest in a force... View More

2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: I have mineral rights and I found out a company has been drilling on those right for years and I have never been paid

I have contacted the company that is drilling and they say there is royalties that have accrued but they haven't paid them. This is not the company that the lease was signed with also I have contacted the company that is drilling and they say there is royalties that have accrued but they... View More

James Tack Jr
James Tack Jr
answered on Mar 18, 2022

Leases can be bought and sold many times before and after there is production so it is not uncommon for the operator of the well not to be the original lessee. Royalties are suspended because the operator can not mineral owner the owner or there is an issue with the title of the property that... View More

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1 Answer | Asked in Traffic Tickets and Energy, Oil and Gas for Illinois on
Q: I got two citation at the same time and need to show up at court on the date they specify.

On the citation papers, there is a sentence "Without admitting guilty, I promise to comply with the terms of this ticket and release." Why without admitting guilty? I am fully admitting that I was speeding and willing to comply (showing up in court) and willing to pay fine. So, ready to... View More

Theodore J. Harvatin
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Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2022

Signing the ticket avoids you’re having to post cash bond. Your signature is your promise to appear in court. They are explaining that by signing the ticket, you are not automatically admitting guilt. The time to admit guilt is when you are in front of the judge. You might consider asking for... View More

1 Answer | Asked in Energy, Oil and Gas, Environmental, Personal Injury and Wrongful Death for New York on
Q: Was there any kind of settlement for the people in sugarcreek missouri for the ammaco oil refinery spill

I know at one point there was a letter sent to my grandmother in regards to a settlement but it was determined we wasn't zoned in. I understand we were zoned in at a later date. My grandmother and grandfather both died of cancer in that rachet town because of the oil spill and I feel justice... View More

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2022

I'm sorry for the loss of your grandmother and grandfather. You could search online for case records of individual claimants under the spill (or its associated clean-up and remediation efforts), or whether a class of plaintiffs was formed. If venue for the action was in Missouri, another... View More

1 Answer | Asked in Energy, Oil and Gas for Florida on
Q: I need a lawyer that is willing to take on Energy Solutions Direct regarding solar service.

I had solar panels installed 4 years ago and they have never worked. I have paid $300. monthly to the solar company and also pay high electric bills. I have been through the BBB with them and recently filed bankrupcy under chapter 7 due to the financial strain. I need someone that can help me get... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 25, 2022

It appears that you may have an adversary bankruptcy case, possibly a compulsory one. Also, if you "have been through the BBB with them", you may be able to enforce the results of arbitration, if any. Ask you bankruptcy attorney.

1 Answer | Asked in Communications Law, Construction Law, Education Law and Energy, Oil and Gas for New York on
Q: can you help me sue my dead grandma

they dead

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2022

If this involves something with an estate or will, you might have better chances of a reply in the Probate or Estate Planning categories under New York. But in either case, it would be difficult for attorneys here to reach out to you to help with a lawsuit - this forum does not work like an... View More

2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel
answered on Jan 5, 2022

Condo Management

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1 Answer | Asked in Civil Litigation, Contracts, Collections and Energy, Oil and Gas for Texas on
Q: How do I get out of a bad solar contract?

We got ripped off by a solar company in 2020, when we were busy working 16+ hour days while taking care of kids at home. The salesperson said that the panels would cover 100% of our electric needs but it only covers 75% at best and the payments are as much as the electric costs without solar. The... View More

Aimee Hess
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Aimee Hess
answered on Dec 21, 2021

unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company... View More

2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: We need help knowing if we own mineral rights to property that we inherited recently. We are in the process of selling

I found the online paperwork for when my mom bought the property. There is language on there talking about the mineral rights but it is a bit confusing. I need help understanding what that says. I think that will help us know if we own the rights or not, but I know it can be tricky. Is there a way... View More

Aimee Hess
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Aimee Hess
answered on Dec 18, 2021

Whether or not you own the mineral rights depends not just on the language of your mother's deed, but by the history of the mineral ownership as shown in the county deed records. The only way to determine if your mother received mineral rights when she bought the property is to have a mineral... View More

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1 Answer | Asked in Energy, Oil and Gas for Missouri on
Q: Starting a renewable energy company

.

James Tack Jr
James Tack Jr
answered on Oct 26, 2021

Great. Let me know if you have any questions.

1 Answer | Asked in Energy, Oil and Gas for New York on
Q: not sure how to proceed Rochester Gas & Electric has triple billed me with before the other bills were paid. total 955.

my energy bill is on auto pay they have not even waited for the payment before bill me again so far they have triple billed for a sum of $955.10 they did not take out the payment for September added October to that bill and now have add October to Novembers bill have called them and every time... View More

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2021

This is more a Consumer Law matter than Energy, Oil & Gas, which involves leases, drilling rights, land use, and related issues. If you're not able to resolve this through their customer service and the cooperation of your bank/credit card, one option could be to contact the New York State... View More

1 Answer | Asked in Energy, Oil and Gas and Environmental for Michigan on
Q: Hello -who can I contact about oil well noise-Onondaga,mi

constant banging day and night--is maddening worse in the evening

James Tack Jr
James Tack Jr
answered on Oct 5, 2021

You should contact the oil and gas company who is operating of the well.

Q: Water main broke. Flooded basement, washed out gravel, dirt, grass. Insurance claim denied as 'act of God'!?

God did not lay the pipe! Utility vendor insurance carrier says not liable for damages as no work had been done that was faulty, just normal wear. But also claimed 100 year pipe, only been 50 years in. Another main burst 100 yards down road yesterday. My damage was 4 weeks ago. Should I file... View More

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2021

A North Carolina attorney could advise best, but your post remains open for three weeks. You could continue to await a response, but you could also consider reaching out to local attorneys with experience in civil litigation and property & casualty losses. This has the makings of a complex,... View More

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: I have a mineral deed for a producing well in Oklahoma that has a term interest of 99 years that is about to expire.

My question is in Oklahoma if a well is producing shouldn't it continue? What is the law regarding a producing well?

James Tack Jr
James Tack Jr
answered on Jul 28, 2021

Whether the term interest continues past the 99 year term is dependant on the exact wording in the instrument which created the interest. There are fixed term interests. For example "for a term of 99 years." And there are interests which continue for as long as there is production from... View More

Q: I Want to Open Hydrogen Station, I wanted to Know about its Legal Formalities etc. In USA
Tim Akpinar
Tim Akpinar
answered on Jul 28, 2021

A California attorney could advise best, but your post remains open for four weeks. It could be difficult for any attorney to meaningfully advise on the formalities you ask about in the brief format of this forum. There are many things to consider, whether from an intellectual property standpoint... View More

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: What mineral rights /circumstances do I need to hold to prevent someone from drilling on my land, practically speaking?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 13, 2021

Generally speaking, in Texas each undivided mineral owner has the right to have their share of the minerals produced, even in the absence of consent from other undivided owners. In some cases, the Texas Railroad Commission requires a certain percentage of the mineral owners to be leased. In... View More

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: If you have fractional interest in mineral rights, can you prevent someone from drilling on the surface of the land?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

James Tack Jr
James Tack Jr
answered on Jul 13, 2021

Generally, all cotenants have the right of access to the jointly owned property. If you own surface and a partial mineral interest, the other mineral interest owners are your cotenants and they have right of access also. The best solution for a surface owner with partial mineral interest is to... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Energy, Oil and Gas for Oregon on
Q: Could I Sue my family for not turning over my mother's land and mineral to her children that she inherited after she die

My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... View More

Theressa Hollis
Theressa Hollis
answered on Jul 7, 2021

It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.

2 Answers | Asked in Estate Planning, Energy, Oil and Gas and Probate for Texas on
Q: My niece was in my grandma's will 30 yrs ago to receive oil lease. It was not probated. Is the will valid? Can contested

This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 5, 2021

First, be aware that your niece may also be an heir of your grandmother even if the will was not probated. The oil company may have accepted a certified copy of the grandmother's will filed in the deed records or an affidavit of heirship as evidence of your niece's entitlement to... View More

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