Kentucky Lands Excluded from the Operating Agreement For Pre 1989 Agreements

• Category: Oil Gas and Minerals - Agreements
• State: Multi-State
• Control #: US-OG-708
• Format: Word; Rich Text

Description

This is a paragraph that sets out the Agreement that will be in force should some of the lands covered in the original Agreement no longer be subject to the Agreement, due to the lands being acquired by one or more Parties.

Kentucky Lands Excluded from the Operating Agreement For Pre-1989 Agreements: Detailed Description In the state of Kentucky, there are certain lands that are excluded from the operating agreement for pre-1989 agreements. These exclusions are crucial to understand and can have significant implications for various entities involved in land transactions, particularly in the oil and gas industry. 1. Non-participating Royalty Interests (April): April refers to a type of mineral interest where the owner does not possess the right to execute an oil and gas lease or participate in the drilling process. Instead, they are entitled to a percentage of the royalty payments derived from production on the specified land. These interests are commonly excluded from the operating agreement for pre-1989 agreements. 2. Net Profits Interests (NPS): NPS represent an interest in the revenue generated from the sale or production of oil and gas. The owner of an NPI does not bear any of the expenses associated with exploration, development, or operation of the leased property. Similar to April, NPS are often excluded from the operating agreement for pre-1989 agreements. 3. Outstanding Leasehold Interests: In some cases, prior landowners might have leased their property to oil and gas companies before 1989. These existing leasehold interests remain valid and can be excluded from the operating agreement. These interests typically entitle the lessee to explore, extract, and produce oil or gas from the leased land. 4. Rights-of-Way and Easements: Certain areas of land may be designated for rights-of-way or easements to allow for the installation and maintenance of pipelines, power lines, or other utilities. These rights-of-way and easements are excluded from the operating agreement, as their primary purpose does not involve oil and gas extraction, but rather the transportation of resources or utilities. 5. Reserved Surface Rights: In specific cases, landowners may reserve their rights to use the surface of their property for agricultural, residential, or other purposes while granting oil and gas companies the rights to extract minerals from below the surface. These reserved surface rights are often excluded from the operating agreement and can place limitations on the activities of the lessee. Understanding the exclusions mentioned above is vital for parties involved in land transactions or oil and gas operations in Kentucky. Prior to entering into any operating agreement or lease contract, thorough due diligence on the exclusions relating to non-participating royalty interests, net profits interests, outstanding leasehold interests, rights-of-way and easements, and reserved surface rights is essential to avoid any legal or financial complications. Keywords: Kentucky, lands excluded, operating agreement, pre-1989 agreements, non-participating royalty interests, April, net profits interests, NPS, outstanding leasehold interests, rights-of-way, easements, reserved surface rights, oil and gas industry.