Montana Ratification of Oil and Gas Lease by Nonparticipating Royalty Owner

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Multi-State
Control #:
US-OG-112
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Word; 
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Description

A nonparticipating royalty owner ratifying an oil and gas lease is usually requested by a lessee to allow the nonparticipating royalty interest to be pooled under the terms of the lease (some jurisdictions, including Texas, do not allow a nonparticipating royalty interest owners interest to be pooled, without the owners consent). This form of ratification may also be used by a nonparticipating royalty owner to allow the owner to be included in a pooled unit in which he or she may not otherwise have been included.

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FAQ

Non-Apportionment Rule The rule?followed in the majority of states?that royalties accruing under a lease on property that has been subdivided after the lease grant are not to be shared by the owners of the various subdivisions but belong exclusively to the owner of the subdivision where the producing well is located.

To ?ratify? a lease means that the landowner and oil & gas producer, as current lessor and lessee of the land, agree (or re-agree) to the terms of the existing lease.

Royalty interest in the oil and gas industry refers to ownership of a portion of a resource or the revenue it produces. A company or person that owns a royalty interest does not bear any operational costs needed to produce the resource, yet they still own a portion of the resource or revenue it produces.

Oil and gas royalties are typically calculated based on the value of the production. The royalty rate is negotiated between the owner of the mineral rights and the company extracting the oil and gas, and can range from 12.5% to 25% of the production value.

Typically, NPRIs are created by an express grant or reservation in a deed and are entirely different from a ?leasehold? royalty. The holder of a NPRI has no power to negotiate or execute an oil and gas lease and has no power to enter upon the land to extract the hydrocarbons.

operating working interest refers to an interest in an oil and gas property that does not participate in the daytoday operations of drilling, testing, completion, and maintenance of the production or the sale of the minerals produced.

Participating Royalty Interest (NPRI) is an interest in oil and gas production which is created from the mineral estate. Like the plain ?royalty interest? it is expensefree, bearing no operational costs of production.

There are four types of oil and gas royalties. Working Interest (WI) ... Royalty Interest (RI) ... Non-participating Royalty Interest (NPRI) ... Overriding Royalty Interest (ORRI) ... Passive income. ... Diversification. ... Potential for long-term income. ... Inflation protection.

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Montana Ratification of Oil and Gas Lease by Nonparticipating Royalty Owner