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Under Texas law, there is a rule of non-apportionment. It sets out that when the property is subdivided after the lease is already in place on the tract, the royalties are not apportioned but given to the royalty interest owner on whose property the well physically sits. Delay rentals however are apportioned.
The Illinois legislature responded by enacting the Dormant Mineral Interests Act in 1969. The Act was intended to facilitate development of dormant oil and gas interests by permitting consolidation of ownership into one person where it had formerly been diffused amongst many unknown or missing persons.
Provides that royalties under an oil and gas lease covering a subdivided tract of land will not be apportioned among all of the lessors to the lease if the tract of land was subdivided after the lease was executed.
An apportionment rule is a legal principle that applies to oil and gas leases on land that is divided during the lease term. It states that if the land is sold to multiple owners, each owner is entitled to a share of the royalties from the lease in proportion to their ownership interest in the land.
Illinois Oil and Gas Act (225 ILCS 725) provides for the conservation of oil and gas resources through the protection of correlative rights, proper well spacing, integration and unitization of mineral interests; and for the regulation of the drilling, construction, operation, and plugging of oil and gas production ...
The royalty percentage is usually 12.5% to 15% but can change based on regional regulations or negotiations. Types of Leases: There are different types of oil and gas leases, and they affect royalty calculations differently.
By way of background, a ?free use? clause is a provision in an oil/gas lease which gives the lessee the right to use gas produced from the leasehold.
(a) Surface owners may gain title to severed mineral interests owned by unknown or missing owners under the theory of adverse possession in the following manner and under the following conditions: If the title to any severed mineral interest is vested in an unknown owner or missing owner and the surface owner overlying ...