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ALERT: Colorado lawsuit asserts oil and gas forced pooling is unconstitutional

Broomfield News screengrab

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January 25, 2019

A new case filed in federal court in Colorado challenges the process of force pooling certain mineral owners and working interest owners.

From a Broomfield News article:

  • The suit, dated Jan. 22, names Gov. Jared Polis and Jeffrey Robbins, acting director of the commission, as defendants. It seeks to temporarily halt the process and challenges the constitutionality of the forced pooling provision of the Colorado Oil and Gas Act.
  • The complaint, filed with U. S. District Court, challenges the statute on constitutional grounds, including arguments that the law violates mineral owners’ rights to contract, equal protection, freedom of association and due process, among others.

The outcome could have a substantial impact on oil and gas operators in Colorado and beyond.

Oil and gas companies will want to monitor this case moving forward and consider the potential impact it could have on their ongoing operations involving pooled acreage.

To discuss how this may affect your business, contact Zac Bradt at the contact information below:

Zachary K. Bradt, Director
Phillips Murrah P.C.
405.552.2447

Phillips Murrah

Phillips Murrah announces new Director, Shareholder for 2019

Director Zachary K. Bradt

Director Zachary K. Bradt

Phillips Murrah proudly announces the promotion of Zachary K. Bradt to a Director and Shareholder for the Firm. Zac’s selection brings the Firm’s total number of Directors to 37.

“I feel very honored and fortunate to be a part of the outstanding team at Phillips Murrah,” Zac said. “During my time here, the Firm has placed great emphasis on developing its Energy and Natural Resources practice to meet the ever-growing needs of our clients. I look forward to using this new role to facilitate further growth and continue providing services that help our clients succeed.”

In his practice, Zac has prepared numerous drilling title opinions, division order title opinions and acquisition title opinions, and conducted due diligence in the acquisition and divesture of oil and gas properties. His growing oil and gas transactional practice is focused around the preparation of various oil and gas agreements, instruments, and conveyances as well as the drafting of curative documentation to clarify record title for his clients.

“Since joining Phillips Murrah almost five years ago, Zac has shown considerable commitment to his clients and to improving and growing his practice at the Firm.” said Thomas G. Wolfe, President and Managing Partner. “We are confident Zac’s experience and success at the Firm will thrive in his position as Director and Shareholder.”

Born and raised in Oklahoma, Zac makes his home in Edmond, with his wife, Amy, and son, Jude. In his free time, he enjoys spending time with his family, watching sports, traveling, and golf.

He officially assumed his new role on Jan. 1, 2019.

Phillips Murrah announces 21 attorneys named to 2018 Super Lawyers list

2018 Super Lawyers list

Super Lawyers

Phillips Murrah is honored to have 21 attorneys in 2018 recognized by the Super Lawyers rating service.

2018 Oklahoma Super Lawyers

2018 Rising Stars

NewsOK Q&A: Mineral owners should be informed about leasing, selling options

Zac Bradt

Zac Bradt is an attorney in the Energy & Natural Resources Practice Group. He represents both privately-owned and public companies in a wide variety of oil and gas matters, with a strong emphasis on oil and gas title examination.

In this article, Oklahoma City Oil and Gas Title attorney Zachary K. Bradt discusses the advantages mineral owners have when taking action with their mineral interests.

Q: What options are mineral owners faced with in today’s market?

A: As oil and gas activity in the state remains strong, mineral owners are seeing more opportunities related to their mineral interests. Some are being approached about signing new leases, while others are receiving calls and letters about selling their mineral interests. Whether leasing or selling, mineral owners are being presented with options that create certain advantages to an informed mineral owner.

Q: What advantages can leasing provide over selling?

A: The obvious answer is that the mineral owner will get to keep their mineral interest. By signing a new lease, the mineral owner will receive a bonus payment that is calculated based on the number of mineral acres owned, and a royalty on any production occurring during the term of the lease. The bonus and royalty can be negotiated with the lessee, but mineral owners should be aware of the inverse relationship between the two. A higher bonus will offer a lower royalty, whereas a lower bonus will provide for a higher royalty.

Q: What advantages can selling provide over leasing?

A: Selling mineral interests presents a financial advantage over leasing. If a mineral owner is financially incentivized, they may feel comfortable selling their interests away to a third party. Much like the bonus payment, mineral owners will receive a price per mineral acre offer to buy from third parties. The difference with selling is that there is a direct correlation between the royalty and purchase price. Minerals with a higher lease royalty will bring in a higher price per acre from potential buyers.

Q: How can a mineral owner decide what is the best option?

 

Published: 9/25/18; by Paula Burkes
Original article: https://newsok.com/article/5609461/qa-with-zac-k.-bradt-mineral-owners-should-be-informed-about-leasing-selling-options

NewsOK Q&A: Surface owners have rights regarding oil and gas development

Zac Bradt

Zac Bradt is an attorney in the Energy & Natural Resources Practice Group. He represents both privately-owned and public companies in a wide variety of oil and gas matters, with a strong emphasis on oil and gas title examination.

In this article, Attorney Zachary K. Bradt discusses protections land owners have in regards to surface rights in oil and gas exploration.

Q: Why should surface owners be concerned about the development of oil and gas?

A: In Oklahoma, courts have ruled that the mineral estate is superior to the surface estate for purposes of oil and gas development. Oil and gas operators have the right to enter upon your property and make reasonable use of the surface to explore for oil and gas.

Q: As a surface owner in Oklahoma, what laws are in place to protect my interests?

A: In an effort to better protect the rights of surface owners throughout the state, the Oklahoma Legislature passed the Surface Damage Act that went into effect on July 1, 1982. Prior to July 1, 1982, operators had the right to enter upon a surface owner’s property and make reasonable use of it to conduct their operations without paying any damages. With the passage of the Surface Damage Act, surface owners were afforded more protections and operators were required to follow procedural steps as defined under the act before entering upon the property.

Q: What procedural requirements does an operator have to meet?

A: Operators are first required to send a letter by certified mail providing notice of their intent to drill and informing the surface owner of the proposed location of the well and the approximate date drilling will commence. Within five days of delivery, the operator must engage in good-faith negotiations with the surface owner. If the parties agree upon damages, a written contract is executed, damages are paid, and drilling operations can commence.

Q: What if the surface owner and operator don’t reach an agreement?

A: If the good-faith negotiations don’t result in an executed damages contract, the operator must petition the court for the appointment of appraisers. Then, an operator may enter the property and commence its operations. Although drilling may be commenced, the determination of surface damages will remain before the court. The three appraisers (one from each party, who then choose a third) will inspect the property and submit a report to the court estimating the surface damages. Once the report is submitted, you can accept the suggested amount or challenge in court. Before you demand court consideration, you should make yourself aware of the related costs.

 

Published: 5/22/18; by Paula Burkes
Original article: https://newsok.com/article/5595368/surface-owners-have-rights-regarding-oil-and-gas-development

Phillips Murrah attorneys selected as 2017 Super Lawyers

Phillips Murrah P.C._Logo_Color_emblemTwenty Phillips Murrah Attorneys have been selected for inclusion in the 2017 edition of Thomson Reuters’ Super Lawyers for their excellence in their respective practice areas. Seven attorneys of them under the age of 40 were recognized as Rising Stars.

Super Lawyers is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The Super Lawyers lists are published in Super Lawyers Magazines and in leading city and regional magazines across the country. Using the same patented process for selecting Super Lawyers, Rising Stars recognizes up and coming lawyers who are 40 years old or younger and have been in practice for 10 years or less.

The following Phillips Murrah attorneys are included in 2017’s Super Lawyers:

Directors G. Calvin Sharpe and Lyndon W. Whitmire were among the Top 50 Oklahoma Super Lawyers for 2017. Directors Shannon K. Emmons and Sally A. Hasenfratz were listed on the Top 25 Women Oklahoma Super Lawyers for 2017.

The following Phillips Murrah attorneys are included in 2017’s Oklahoma Rising Stars:

Phillips Murrah welcomes oil and gas title attorney

Zac Bradt

Zac Bradt

OKLAHOMA CITY – Zachary K. Bradt has joined Phillips Murrah’s Energy & Natural Resources team as an associate attorney.

Bradt represents both privately-owned and public companies in a wide variety of oil and gas matters, with a strong emphasis on oil and gas title examination.

Prior to joining Phillips Murrah, Bradt worked as an in-house title attorney for Chesapeake Energy.