South Dakota Lessor's Notice of Election to Take Royalty in Kind

State:
Multi-State
Control #:
US-OG-105
Format:
Word; 
Rich Text
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Description

Many forms of oil and gas leases allow the lessor to take the royalty share of oil (and sometimes gas) in kind. This form is a notice by a lessor, to be delivered to a lessee, of the lessor's intent to exercise that right under the terms of a lease, and take the lessor's share of royalty production in kind.

How to fill out Lessor's Notice Of Election To Take Royalty In Kind?

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FAQ

The South Dakota Condominium Law regulates condominium associations in the state. These condominium associations must explicitly choose to be governed by this Act by recording a declaration or master deed in the county register of deeds where the condominium is situated.

Royalty Rates: The royalty agreement or rate is a percentage of total revenue gotten from the sale of oil and gas, and it's always outlined in the lease agreement. The royalty percentage is usually 12.5% to 15% but can change based on regional regulations or negotiations.

South Dakota was the first state in the nation to abolish the Rule Against Perpetuities ? which prohibited unlimited-duration trusts ? in 1983, clearing the way for the creation of the Dynasty Trust.

An ?unless? clause provides that the lease terminates unless the lessee has either made the required payments or commenced drilling operations. Lessees can therefore be terminated from the lease by failure to pay the proper amount, by the due date, in the proper form, to the proper party.

Royalty Clause There are two types of royalties, a net and a gross royalty. Normally, the oil and gas lease contains a net royalty. If the lease provides for a net royalty, this means that post-production deductions will be taken from the royalty.

The right of governments to levy royalties from oil and gas companies derives from their ownership of natural resources. Through royalty payments, governments are compensated by oil and gas companies for the extraction of public natural resources.

Royalty Clause: The Lessor's only right to receive payments in addition to the Bonus Payment is through Royalties. Royalties are calculated as a percentage of the value of all minerals produced, typically 25%.

Most states and many private landowners require companies to pay royalty rates higher than 12.5%, with some states charging 20% or more, ing to federal officials. The royalty rate for oil produced from federal reserves in deep waters in the Gulf of Mexico is 18.75%.

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South Dakota Lessor's Notice of Election to Take Royalty in Kind