Texas Lessor's Notice of Election to Take Royalty in Kind

State:
Multi-State
Control #:
US-OG-105
Format:
Word; 
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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.
The Texas Lessor's Notice of Election to Take Royalty in Kind is a crucial document pertaining to the oil and gas industry in Texas. This notice enables a lessor, also known as the landowner or the royalty owner, to exercise their right to receive their share of the production as a product rather than in monetary form. When a lessee, typically an oil or gas company, extracts hydrocarbons from a lessor's property, royalties are the compensation the lessor receives for the use of their land. In many cases, these royalties are paid in cash as a percentage of the gross value of the minerals extracted. However, Texas law provides an alternative option for lessors to receive their royalties "in-kind" — that is, in the form of the actual oil or gas produced on their property. The Lessor's Notice of Election to Take Royalty in Kind is the legal instrument that notifies the lessee that the lessor has elected to receive their share of the production in kind. This document must be filed with the appropriate parties, such as regulatory commissions or governing bodies, to ensure the smooth transfer of oil or gas to the lessor. There are different types of Lessor's Notice of Election to Take Royalty in Kind in Texas. These types may vary depending on specific circumstances or entities involved. Here are a few common variations: 1. Individual Lessor's Notice: This type is filed by individual landowners who own a fraction of the mineral rights on their property. They exercise their right to take royalty in kind from the lessee company. 2. Trust or Entity Lessor's Notice: This type is filed by lessors who own mineral rights as part of a trust or other legal entities. It indicates the entity's intent to receive their share of the production in kind. 3. Multi-tract Lessor's Notice: In cases where a lessor owns multiple tracts of land that are subject to separate drilling agreements, each requiring a separate notice, a multi-tract lessor's notice is filed. This ensures compliance with different contractual arrangements and regulatory requirements. It is important for lessors to understand the implications of electing to take royalty in kind, as there may be logistical considerations, transportation costs, and market risks associated with handling the physical product. Therefore, it is advisable for lessors to consult with legal professionals or industry experts before making this election. In conclusion, the Texas Lessor's Notice of Election to Take Royalty in Kind is a significant legal document that grants lessors the option to receive their share of oil and gas production as the physical product. By filing this notice, lessors can exercise their rights and potentially benefit from the advantages and disadvantages of receiving royalties in kind.

The Texas Lessor's Notice of Election to Take Royalty in Kind is a crucial document pertaining to the oil and gas industry in Texas. This notice enables a lessor, also known as the landowner or the royalty owner, to exercise their right to receive their share of the production as a product rather than in monetary form. When a lessee, typically an oil or gas company, extracts hydrocarbons from a lessor's property, royalties are the compensation the lessor receives for the use of their land. In many cases, these royalties are paid in cash as a percentage of the gross value of the minerals extracted. However, Texas law provides an alternative option for lessors to receive their royalties "in-kind" — that is, in the form of the actual oil or gas produced on their property. The Lessor's Notice of Election to Take Royalty in Kind is the legal instrument that notifies the lessee that the lessor has elected to receive their share of the production in kind. This document must be filed with the appropriate parties, such as regulatory commissions or governing bodies, to ensure the smooth transfer of oil or gas to the lessor. There are different types of Lessor's Notice of Election to Take Royalty in Kind in Texas. These types may vary depending on specific circumstances or entities involved. Here are a few common variations: 1. Individual Lessor's Notice: This type is filed by individual landowners who own a fraction of the mineral rights on their property. They exercise their right to take royalty in kind from the lessee company. 2. Trust or Entity Lessor's Notice: This type is filed by lessors who own mineral rights as part of a trust or other legal entities. It indicates the entity's intent to receive their share of the production in kind. 3. Multi-tract Lessor's Notice: In cases where a lessor owns multiple tracts of land that are subject to separate drilling agreements, each requiring a separate notice, a multi-tract lessor's notice is filed. This ensures compliance with different contractual arrangements and regulatory requirements. It is important for lessors to understand the implications of electing to take royalty in kind, as there may be logistical considerations, transportation costs, and market risks associated with handling the physical product. Therefore, it is advisable for lessors to consult with legal professionals or industry experts before making this election. In conclusion, the Texas Lessor's Notice of Election to Take Royalty in Kind is a significant legal document that grants lessors the option to receive their share of oil and gas production as the physical product. By filing this notice, lessors can exercise their rights and potentially benefit from the advantages and disadvantages of receiving royalties in kind.

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FAQ

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.

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.

If you have a question about unclaimed royalties or other oil and gas proceeds, you should contact the Texas Comptroller of Public Accounts. The Comptroller operates and maintains the Unclaimed Property Fund.

Typically, the GLO receives a 20 to 25 percent royalty from oil and gas produced from leases on state land and may take this royalty in cash or in kind, which can be sold competitively to public entities such as gas or electricity (see Energy Marketing).

Generally, the standard royalty rates for authors is under 10% for traditional publishing and up to 70% with self-publishing.

They generally range from 12?25 percent. Before negotiating royalty payments on private land, careful due diligence should be conducted to confirm ownership.

With a royalty rate at 12.5 percent, BLM gets as little as half as much as state or private landowners for every dollar's worth of oil and gas produced from its lands.

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Royalty will be calculated for lease use, vented, and any other dispositions that require royalty to be paid in cash. For crude oil and condensate volumes ... Lessor may exercise its option to take oil or gas royalty in kind, or if royalty is taken in kind, Lessor may elect to take cash royalties, at any time or from ...Lessor, in consideration of a cash bonus in hand paid and in consideration of the royalties herein provided and of the agreements of Lessee hereinafter ... Lessor may elect to take all or any part of its royalty in kind at any time by giving. Lessee sixty (60) days written notice of such election. Lessor will ... Lessee shall have free use of oil, gas, coal, and water from said land, except water from Lessor's wells, for all operations hereunder, and the royalty on oil, ... Dec 4, 2017 — production in kind, Lessor may elect to have the royalty production of the ... election of Lessor shall be paid to MIDLAND COUNTY at Austin, Texas ... TAKING IN KIND. Lessor shall always have the right, upon reasonable written notice to Lessee, to take Lessor's royalty share of the gas in kind, in which event ... by SC Hollimon · 1993 · Cited by 4 — the right to take his royalty share of any production either in kind or value, at. Lessor's election. Said royalty, whether in kind or value, shall be delivered ... Lessor's royalty to a 50% working interest, as aforesaid, or to retain Lessor's original 1/4 of 8/8 royalty as to such additional well. Lessor's election as ... of Royalty in kind by giving LESSEE notice at least 30 days prior to the effective date of LESSOR's election. LESSOR will give LESSEE similar notice in ...

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Texas Lessor's Notice of Election to Take Royalty in Kind