So, You think you own your land...

   / So, You think you own your land... #41  
I never did understand how it was fair and right for someone to own the minerals under a piece of land they didn't own. Just never has sounded "right" to me. Seems to me if you own the land - you should own it all the way down to the hot spot. At what depth does ownership change hands? and how doyou survey at that depth? ....jus' don't make sense.
 
   / So, You think you own your land... #42  
...It also seems ironic that a Supreme Court considered so "conservative" ruled that a town has the right of eminant domain to an extent that well to do neighborhoods can be bulldozed for a new shopping center that will bring more sales tax to the city council. That seemed like the most non-conservative thing I could ever dream of. I guess the government is the government, is the government, no matter what party is in charge....

The nonConservative members of the Supreme Court allowed the eminant domain law to stand.

Many of the trades just drop trash where ever they go. Its just plain lazy. I saw it when my house was built. When the power company, under an easement, brought in power. The timber company did the same. When I caught them I made the pick it up. I had various trades pooping all over my land. Litterely. Some where workng on neighbor's property but they did not have a Porta John so they came on my land to "use" it. I don't mind if they buried their waste but they just left it there. One contractor kept leaving behind his waste and old T Shirts. He did not believe in TP I guess. So I left HIS mess, all of IT, on his trailer.

Later,
Dan
 
   / So, You think you own your land...
  • Thread Starter
#43  
Were we naive? You look the land over, see old pump jacks that haven't moved in decades, and you say to yourself, 'no one will ever drill around here again, besides, we hold the major percentage of mineral rights'. And, 'certainly, no one can come on my land without my permission'. Even the real estate agents blow off concerns about mineral rights.
We just wanted to move out of the nasty, big city and own a few acres in the countryside. It would have been a much more difficult decision if we knew about this scenario.
Jim (unclebuck) brought up another aspect of the whole problem; the aftermath.
 
   / So, You think you own your land... #44  
Wow! Look at all the new environmentalists! :D

I own mineral rights with similar rules, a gold mining claim in the Sierras. The provisions covering it it are probably the last active remnant of the old homestead law. Originally, working your claim profitably led to obtaining an absolute Federal land deed. To maintain a pre-ownership exclusive mineral-extraction license requires you to either work on the claim each year or, most recently, you can pay annual rent to BLM, but you can no longer advance to a federal deed.

But it is continually emphasized to us by BLM and Forest Service (Federal), Fish & Game (State), and the county assessor (annual property taxes on the value of out interest) that what we own is simply a right to extract minerals. We stand responsible to safeguard fish and other potentially damaged wildlife in this beautiful trout stream, and we have no right to exclude hunters, fishermen, or just campers who want to set up their own camp within the boundaries of the Claim. The can even occupy our campsite subject only to common decency, not to any exclusive right we might claim. And all the water belongs to Hydroelectric and water-district interests downstream so we have to preserve the quality of that, too. Timber sales and grazing permits can (and have) overlay our claim. Our rights on 'our' mining claim are pretty limited.

My advice to my fellow 'landowner' environmentalists - understand the law and don't waste your energy claiming a position that has no law to support it.

As for those oil companies that make all the rules at the local and State level in Texas - how high up does their influence extend, anyway? :)
 
   / So, You think you own your land... #45  
Toiyabe said:
Because the property owner sold those rights. If he wants them back he should buy them back. If he didn't intend to let the guy who he sold the mineral rights to act on those rights then the sale was fradulent.

Hmm...

Because the property owner sold BOTH rights. If the mirnerals rights owner wants surface rights, then they should buy them. If the surface owner can't use his surface acreage and still has to pay taxes, then the sale was fradulent and so are the taxes.

All I'm saying is that a company with mineral rights should compensate me for the surface area either by leasing my property or buying it at a fair and equitable price. I love oil and gas and realize the need for mineral rights and drilling. I'm not a NIMBY person. I just want to be compensated fairly for my loss. Two "rights" should not make a "wrong" to either party. Negotiation and mediation are all I want.
 
   / So, You think you own your land... #46  
JazzDad said:
... besides, we hold the major percentage of mineral rights'.

You even own the majority of the mineral rights? So if there is economically recoverable oil, you'll get the majority of the royalties, plus a lease fee?

And if there isn't oil, all you'll have to do is put up with the exploration crews tramping around for a while?
 
   / So, You think you own your land... #47  
JazzDad said:
So, Jim, do they accuse you of seeing "black helicopters", too?
I am puzzled if the oil and gas attorney our little group engaged provided us with much value.
Small groups are not going to change the laws; we need a more organized approach to changing our laws.

JazzDad,

No blackchopper accusations yet!!! In fact, I've been very surprised, as have the neighbors fighting this with me, that something like that hasn't happened! I say that, especially since our attorney styled this case with our group's name AND then, in addition, my name personally too, as the plaintiffs. In fact, at the Railroad Commission every piece of evidence and every photograph we presented into evidence was labeled with my last name and then numbered #1 through whatever.

Regarding the attorney, I feel as though I engaged the BEST attorney in the State of Texas to represent us in a matter of this type. His name is David Frederick of Lowerre and Frederick in Austin, Texas. Keep in mind that an attorney is needed when you go before the Railroad Commission to protest ANYTHING oil and gas, if only to keep track of the appeal points when you lose before the RRC. I say that, just like that, because The RRC is as biased a Commission, in favor of oil and gas in this case, as I've ever seen. Any protest system they have in place is only there to make the public falsley feel as though they have a say in anything and to make the public feel warm and fuzzy. Again, in our case, we PROVED the applicant lied to the RRC on their application about VERY DANGEROUS aspects that could have cost us all out here everything we have and our health too! They then committed perjury and submitted false evidence to back themselves up, but it meant NOTHING to the RRC. Heck, their rep even admitted that to me and I testified to it in our second hearing, with no rebuttal of any kind from them, but it meant nothing!

In reality, the public has no say, no influence on any decision made by the RRC and all decisions made by the RRC are made in favor of oil and gas! In fact, our newspaper editor called the RRC when our case was still young and was told that oil and gas companies always get permitted when they apply for an injection well, public protests or not.

You and I disagree about "small groups" though. I've done those guest speaking engagements in a lot of Texas counties where people are just now getting hit with the drilling operations and these injection wells. As a result of being educated from those listening at those speaking engagements, those people and those large groups of people are standing up and saying "No More"!!! They're writing to their state reps and demanding change! They're hearing that they can fight oil and gas, and how to do it! They are reading now about the candidates and asking how they stand on oil and gas issues and looking into how much money of a candidate's re-election campaign is coming from oil and gas. They're making such a big noise that newspapers are carrying story upon story of unjust practices of The RRC. TV News Shows are doing many more stories about all aspects of oil and gas drilling and the extreme dangers of various things about it, ESPECIALLY their ( oil and gas) unregulated water usage and these injection wells poisoning water supplies and the health hazzards! No, the average Texas citizen is making a difference, but we do need MANY MORE people on board and to care. So far it's mostly rural citizens because that's where this stuff is taking place.

Our case is presently in The Third Court of Appeals and we believe we will win this appeal and set new, good, law, for ALL Texas citizens! It comes up for oral arguments soon and our attorneys have already submitted some brilliant briefs!!
 
   / So, You think you own your land... #48  
Someone call Hollywood, I think we've got the script to Erin Brokovich II.

Deep injection wells sound even scarier than power lines, it'll play well. Throw in some Texas bumpkins who overcome their ignorance and bigotry to enlist a sassy California female lawyer, and there won't be a dry eye at the Oscar ceremony.
 
   / So, You think you own your land... #49  
Is there one current case open with either the TNRC or the RRC where an injection well has impacted a drinking water aquifer beyond screening levels?
 
   / So, You think you own your land... #50  
I knew the point would be missed I never said I sold the minerals (Example) family has one child He marries and moves many miles away where his wife grew up he sells the land 10,15 years ago and kept the minerals rights ,has no interest in the land could care less what happens just cash the checks. The person who bought the land knew that no mineral rights would be conveyed but if he does not want to live in the city this is the only option. I live on 6 acres and my property is in a oil producing lease and if you where try and have open windows at night you would hear the pump jack pumping and they do squeak and make nose plus large trucks come in at all hours of the night to retrieve the oil and last you do not want the well to have a problem the pulling of the pipe goes on 24 hr a day and the work goes on 24 hour a day so if you believe there is no noise you are badly mistaken
 

Tractor & Equipment Auctions

2003 Walk-Behind Automatic Seed Spreader (A51691)
2003 Walk-Behind...
Paint Dryer, Briggs 5.5 (A52384)
Paint Dryer...
JOHN DEERE 17P LOT NUMBER 106 (A53084)
JOHN DEERE 17P LOT...
HUTCH MASTER 12' OFF SET DISC HARROW (A51247)
HUTCH MASTER 12'...
JOHN DEERE LOT NUMBER 19 (A53084)
JOHN DEERE LOT...
2025 K2223 UNUSED Double Garage Metal Shed (A53117)
2025 K2223 UNUSED...
 
Top