Kentucky Shut-In Oil Royalty

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US-OG-825
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.

Kentucky Shut-In Oil Royalty refers to the compensation paid to individuals or entities who hold the rights to oil or gas reserves in the state of Kentucky, but are unable to produce or extract the resources due to various reasons, such as economic viability, lack of infrastructure, or regulatory restrictions. Shut-in royalty is typically a percentage of the value of oil or gas reserves that are held idle, ensuring that the right holders are still compensated for their assets despite the lack of production. Kentucky, being a region with substantial oil and gas potential, offers shut-in royalty options to encourage exploration and development of hydrocarbon resources. The state provides various types of shut-in oil royalties to cater to different scenarios and arrangements. These may include: 1. Traditional Shut-In Royalty: This is the most common type of shut-in oil royalty, applicable when the production of oil or gas is temporarily halted for reasons beyond the rights' holder's control. It compensates the owners based on the agreed-upon percentage of the estimated value of reserves that remain unused. 2. Economic Shut-In Royalty: Economic shut-in royalty is pertinent when the cost of production outweighs the potential revenue from the sale of oil or gas. This scenario often arises when oil prices drop significantly, making it uneconomical to continue production. In such cases, the rights holders are entitled to a reduced royalty percentage to mitigate financial losses. 3. Regulatory Shut-In Royalty: This type of shut-in royalty comes into play when legal or regulatory restrictions prevent oil or gas extraction. These restrictions could be imposed by local or federal authorities due to environmental concerns, land use regulations, or permitting issues. Regulatory shut-in royalty compensates the rights holders based on the market value of the reserves that are rendered extractable due to government directives. 4. Infrastructure Shut-In Royalty: In some instances, the absence or inadequacy of infrastructure, such as pipelines, storage facilities, or refining capacities, may render oil or gas production unviable. Infrastructure shut-in royalty is granted to right holders to cover the opportunity cost of not being able to transport or store the extracted hydrocarbons due to infrastructure limitations. Kentucky shut-in oil royalty serves as a mechanism to protect the interests of oil and gas rights holders while providing them with a financial incentive to retain their assets until conditions are favorable for production. This approach promotes responsible and sustainable development of Kentucky's oil and gas resources, ensuring long-term benefits for both rights holders and the state's economy.

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FAQ

Royalty Payment Clauses A royalty is agreed upon as a percentage of the lease, minus what was reasonably used in the lessee's production costs. This is stipulated in a Royalty Clause. The royalty is paid by the lessee to the owner of the mineral rights, the lessor in the lease.

Royalty interest in the oil and gas industry refers to ownership of a portion of a resource or the revenue it produces. A company or person that owns a royalty interest does not bear any operational costs needed to produce the resource, yet they still own a portion of the resource or revenue it produces.

Currently, there are 136,286 wells stored online. This information is shared with the Kentucky Geological Survey (KGS) to assist in the compilation of oil and gas data.

A clause in an oil & gas lease that allows a lessee to keep the lease in effect past the primary term by substituting payment of shut-in royalty for actual production.

Calculating Overriding Royalty Interest An ORRI is a straight percentage. For example, a 2% override would appear on the royalty statement as 0.02 interest in the proceeds from the sale of the leased hydrocarbons.

In Kentucky, fracking is regulated. High-volume hydraulic fracture stimulation is defined by state law as any treatment that uses more than 80,000 gallons of fluid in any stage or exceeds 320,000 gallons for all stages.

A clause in an oil & gas lease that allows a lessee to keep the lease in effect past the primary term by substituting payment of shut-in royalty for actual production.

The royalty percentage is usually 12.5% to 15% but can change based on regional regulations or negotiations. Types of Leases: There are different types of oil and gas leases, and they affect royalty calculations differently.

More info

The shut-in royalty clause is a necessary and integral component of any oil/gas lease ... It must make some effort to market the gas after completing the well. May 10, 2019 — KY may have a “release of lease” form that you can try to get the lease owner to sign and file at the courthouse. Check you lease and see if you ...If a well is not drilled within the term of the lease, the lease generally expires depending upon the language of the lease. Royalty-Royalty mineral interest is ... Apr 21, 2020 — If the shut-in clause is worded so that the mere existence of a shut-in well extends the lease, or if payment of shut-in royalty is expressed as ... Aug 14, 2015 — Although a more traditional tool for gas plays, a shut-in royalty provision may apply to either a gas or oil well depending on the language used ... by B Hebert · 1988 · Cited by 2 — 4 The issue can be summed up by asking whether payments made under "shut-in" provisions of oil and gas leases were intended as, or should be treated as "rents" ... The “shut-in royalty” is a creation of contract designed to prevent the automatic termination of a lease and frequently serves as a substitute for production. An agreement that brings together parcels of land to satisfy drilling limitations imposed by formal State spacing orders or established field spacing rules. A ... Be sure the form meets all the necessary state requirements. If available preview it and read the description before buying it. Click Buy Now. Choose the ... Jul 19, 2017 — By contrast, the 10/3/97 FOA imposed a shut-in royalty of only $500 per well per year, prorated on a monthly basis once the well had been shut.

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Kentucky Shut-In Oil Royalty