Allegheny Pennsylvania Pugh Clause

State:
Multi-State
County:
Allegheny
Control #:
US-OG-843
Format:
Word; 
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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.

The Allegheny Pennsylvania Pugh Clause is a legal provision that is commonly used to address issues related to oil and gas leases in the state of Pennsylvania, specifically in the Allegheny region. This clause is designed to protect the interests of both the landowner and the energy company involved in the extraction of natural resources from the land. The Allegheny Pennsylvania Pugh Clause stipulates that, upon the expiration of the oil and gas lease agreement, any portion of the leased land that is not actively producing oil or gas will automatically revert to the landowner. This provision ensures that the landowner maintains control over their property and prevents the energy company from holding onto non-producing sections of the leased land. One of the primary reasons for the inclusion of the Allegheny Pennsylvania Pugh Clause is to prevent the practice known as "lease trapping." Lease trapping occurs when an energy company strategically designs an oil and gas lease agreement to hold onto large areas of land, regardless of whether they are actively producing oil or gas. This can limit the landowner's ability to negotiate with other energy companies or explore other potential uses for their land. Different types of Allegheny Pennsylvania Pugh Clauses may include specific terms and conditions depending on the entity drafting the agreement or the unique circumstances of the lease. For example, an Allegheny Pennsylvania Pugh Clause might specify the exact methods used to determine whether a section of land is producing or whether certain areas meet the criteria for reversion. Additionally, variations of the Pugh Clause may address issues such as extensions, renewals, or the rights and responsibilities of the parties during the transition phase. In summary, the Allegheny Pennsylvania Pugh Clause plays an important role in protecting the rights of landowners and ensuring fair and transparent oil and gas lease agreements in the Allegheny region of Pennsylvania. It offers reassurance to landowners that sections of land not being actively utilized for resource extraction will revert to their control upon the expiration of the lease. By preventing lease trapping and promoting better land management practices, the Allegheny Pennsylvania Pugh Clause is an essential component of oil and gas lease agreements in the region.

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FAQ

in clause (or shutin royalty clause) traditionally allows the lessee to maintain the lease by making shutin payments on a well capable of producing oil or gas in paying quantities where the oil or gas cannot be marketed, whether due to a lack of pipeline connection or otherwise.

In general terms, the Pugh Clause provides that production from a unitized or pooled area located on or including a portion of the leased lands will not be sufficient to extend the primary term for the entire leasehold.

Any provision resulting in acreage being released after production is a Pugh Clause. A Pugh Clause is a type of retained acreage provision that is only applicable with regards to pooled or unitized lands. A Pugh Clause is completely inapplicable when there has been no pooling or unitization.

In general terms, the Pugh Clause provides that production from a unitized or pooled area located on or including a portion of the leased lands will not be sufficient to extend the primary term for the entire leasehold.

The Pugh Clause is named for a Louisiana attorney, Lawrence Pugh, who took on Shell Oil in 1947 on behalf of a lessor. The Louisiana Supreme Court sided with Shell Oil, and Pugh determined that the only way to prevent something similar from happening again was with a special clause in the lease contract.

Simply stated, a retained acreage clause is a clause in an oil and gas lease that sets out how much acreage a lessee may retain for each well it drills on the leased premises after the balance of the lease automatically terminates.

Pugh, who first used such a clause in 1947 to prevent the holding of non-pooled acreage in his client's lease while only certain portions of the lease acreage were being held under pooling agreements.

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In the absence of a Pugh clause, the blue and red wells would be sufficient to preserve the entirely of the Blue and Red Leases, respectively. The landlord should not include arbitrary or unfair clauses in the small print of the lease .The property outlined specifically in the lease (Fort, 2013). If a landowner can negotiate a. The assignment's primary term was 2 years and "as long thereafter as operations"—defined to include "drilling" and "completing"—. The defendant was not in the demanding state when the offense was committed . Holmes, — Pa.Super. Students enrolled in the program qualify for college scholarship funds from the Pittsburgh Promise.

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Allegheny Pennsylvania Pugh Clause