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The shut-in clause in an oil and gas lease allows the operator to temporarily halt production without penalty under certain conditions. This clause is crucial for managing operational costs during periods of low market demand or unforeseen circumstances. In the context of the Franklin Ohio Amendment to Oil and Gas Lease to Extend the Primary Term of the Lease on Part of the Lands Subject to the Lease, this clause can help maintain the lease agreement while keeping the potential for future production intact.
According to Kramer, a lease that is executed by owners of separate tracts (or separate interests in the same tract) is known as a community lease and effectively pools the interests covered by the lease unless a contrary intent is expressly provided in the provisions of the lease itself or an amendment to the lease.
The royalty. It is typically expressed as a fraction or a percentage. For many years, almost all oil and gas leases reserved a 1/8th royalty. Today, the royalty fraction is negotiable, and is usually between 1/8th and 1/4th.
A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.
Most landowners choose to receive the royalty in cash at the posted price of the oil. A Lessor deciding to receive the oil as the royalty payment can market the oil royalty back to the Lessee for marketing and receive cash through that arrangement.
HISTORY. Enacted in 1919, the Relinquishment Act, as interpreted by the Courts, reserves all minerals to the State in those lands sold with a mineral classification between September 1, 1895 and June 29, 1931.
Most states and many private landowners require companies to pay royalty rates higher than 12.5%, with some states charging 20% or more, according to federal officials. The royalty rate for oil produced from federal reserves in deep waters in the Gulf of Mexico is 18.75%.
An OGL gives a lessee an implied right to use the surface as is reasonably neccesary to explore, develop, and produce oil and gas from the land because the mineral estate is dominant.
The annual rentals required under all oil and gas leases issued since December 22, 1987 is $1.50 per acre (or partial acre) for the first five lease years and $2.00 per acre (or partial acre) thereafter.
The primary term of a federal oil and gas lease is 10 years. The term is extended as long as the lease has at least one well capable of production.