Louisiana Pugh Clause

State:
Multi-State
Control #:
US-OG-843
Format:
Word; 
Rich Text
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

The Louisiana Pugh Clause is a legal provision that addresses the termination of oil and gas leases. It is named after its creator, Lawrence Pugh. This clause grants the lessee or mineral rights' owner the ability to extend or terminate a lease partially, rather than being obligated to maintain the entire leased area. When an oil and gas lease is signed, it typically covers a specific area or a defined tract of land. The Louisiana Pugh Clause comes into play when a lessee wants to relinquish or sever a portion of the leased area that is not being actively developed. Instead of terminating the entire lease, they can use the Pugh Clause to retain only the portion of land where active production is taking place. The main purpose of the Louisiana Pugh Clause is to prevent an automatic extension of the lease due to production in a small part of the leased area, which could result in the lessee holding on to unproductive or non-operational lands. When this clause is included in an oil and gas lease, it allows for the release of the non-producing portions, providing landowners with the opportunity to lease those areas to other interested parties. Different types of Louisiana Pugh Clauses may vary in their specific language, but they generally aim to achieve the same outcome of partially relinquishing the leased land. Some variations include the standard Pugh Clause, the depth Pugh Clause, the time-based Pugh Clause, and the leasehold Pugh Clause. The standard Pugh Clause focuses on dividing the leased lands based on producing and non-producing zones. It allows the lessee to retain the portion of land where production or operations are conducted, while releasing the remaining unproductive areas. On the other hand, a depth Pugh Clause is based on the vertical stratification of mineral ownership. It allows the lessor to terminate the lease on the portions of land that fall below a specified depth threshold, while the lessee retains the rights to the shallower intervals. The time-based Pugh Clause operates on a specific time frame. It enables the lessor to terminate the lease after a determined period, usually when drilling is not initiated or completed within a specified duration. The remaining productive areas will be held under the original lease. Lastly, the leasehold Pugh Clause allows the lessee to retain only the leasehold interest that is actively held by production or operations. It releases any non-producing leasehold interests, giving the lessor the chance to lease those areas to other potential lessees. In conclusion, the Louisiana Pugh Clause provides flexibility and efficiency in terminating oil and gas leases. By incorporating this clause, both lessees and lessors can optimize land utilization and ensure only productive areas are tied to the lease, benefiting all parties involved in the exploration and production of oil and gas resources.

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FAQ

Returning to our example, a properly drafted Horizontal Pugh Clause would not only terminate the lease as to the 180 non-pooled acres but also as to all horizons and strata below the deepest depth drilled, i.e., 7800 feet. In other words, the entire lease would terminate as to all horizons and strata below 7800 feet.

The Pugh Clause ? A clause in the Oil and Gas Lease which modifies usual pooling language to provide that drilling operations on or production from a pooled unit will not preserve the whole lease.

A Vertical Pugh Clause requires the Operator to release the rights below a defined vertical depth after the primary term of your lease expires. For example, all rights 100 feet below the deepest drilled depth or 100 feet below the deepest formation penetrated.

The point of a retained-acreage provision is to be able to seek a new opportunity to lease unworked land to a different lessee, one who might do something productive with it. A Pugh clause is a negotiated provision in favor of the lessor. Pugh clauses modify pooling/unitization rights.

The Pugh Clause limits the rights of the lessee to hold only particular depths or amounts of leased property in a pooled unit after the expiration of the primary term. In Texas, production from any portion of a leased tract is deemed production from the entire tract.

A phrase (usually contained in a Pugh clause in an oil & gas lease) that terminates the lease after the primary term as to all formations below a particular depth typically defined as the stratigraphic equivalent of the base of the deepest producing formation in the unit.

?Many land professionals are confused about what is a vertical and what is a horizontal pugh clause. LEGALLY ? a vertical pugh clause is one where all acreage outside of the well/unit boundaries must be released. LEGALLY ? a horizontal pugh clause is one where you must release acreage below a certain depth.

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More info

In this case the Louisiana Supreme Court held that production from a unit including a ... Complete Owner's Guide · Lease Proposals · Mineral Rights Forum. Oct 8, 2019 — In this case, Lessor had executed two leases covering several separate tracts of land in. Sections 5 and 8, Township 11 North, Range 14 West, ...Mar 6, 2019 — A Pugh Clause is meant to prevent a lessee from declaring all lands under an oil and gas lease as being held by production, even if production ... Dec 30, 2019 — In general, Pugh clauses state that activity attributable to a unitized portion of the lease will not save an entire lease's acreage, but rather ... Jan 29, 2016 — This provision in an oil and gas lease operates to segregate the lease at the end of the primary term according to whether the leased lands were ... Feb 6, 2023 — A pugh Clause seeks to create a limitation within the contract. A correctly written Pugh Clause contains a recognizable trigger that places it ... The Retained Acreage clause is used in an oil and gas lease to protect the lessor's interest when a lease is held in force by continuing production or other ... 1 Essentially, a Pugh Clause protects the landowner by ensuring that non-pooled and non-producing portions of the leased premises are released at the end of the ... The clause may provide that the acreage outside the unit(s) may be maintained by any means covered by the lease, but if by rental payments, then such payment ... Jul 9, 2014 — The depth pugh clause is an attempt to protect lessors from leaving money on the table with potentially lost bonus and royalty payments in zones ...

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Louisiana Pugh Clause