Arkansas Reservation of Production Payment
Description
How to fill out Reservation Of Production Payment?
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FAQ
An attorney can create a deed or assignment that conveys the mineral rights to the new owners. The original deed will need to be recorded in the county where the minerals are located. If there are producing wells on the property, each operator will need to be notified of the change in ownership.
If the hydrocarbons are beneath a navigable waterway in Louisiana, the property is referred to as State Water Bottoms. In other instances, the mineral rights may be owned by the State of Louisiana but an individual may own the real estate; there are a number of possible combinations.
If your deed does not list this information, you will need to contact the County Clerk in the county where your minerals are located. The County Clerk will either assist you in researching property deeds, or they can recommend a landman to assist you with this research.
In the State of Arkansas, the mineral rights are considered part of the sale with the surface rights unless they have been specifically reserved. A review of the property abstract should indicate if the minerals rights were reserved by a former property owner.
The rule followed is generally known as the Strohacker Doctrine, named for the case of Missouri Pacific Railroad Co. v. Strohacker,s in which the Arkansas Supreme Court affirmed a chan- cery court decision that reservations of "coal and mineral deposits" in 1892 and 1893 deeds did not reserve the oil and gas.
The Arkansas Oil and Gas Commission (OGC) prevents waste and encourages conservation of the Arkansas oil, natural gas, and brine resources, to protect the correlative rights associated with those resources, and to respect the environment during the production, extraction, and transportation of those resources.
