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Nebraska Partial Assignment of Oil and Gas Lease for Part of Lands Subject to Nonproducing Lease

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US-OG-521
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Description

This form is used when the Assignor wishes to convey, assign and sell to the Assignee an undivided working interest in an oil and gas lease but reserves an overriding royalty interest payable on all oil, gas, and associated hydrocarbons produced, saved and sold from the Lands.

Title: Understanding the Nebraska Partial Assignment of Oil and Gas Lease for Part of Lands Subject to Nonproducing Lease Introduction: The Nebraska Partial Assignment of Oil and Gas Lease for Part of Lands Subject to Nonproducing Lease refers to the legal process of transferring ownership or leasing rights of a fraction of the total area covered by an existing nonproducing lease for oil and gas exploration. This allows the assignee to independently explore and exploit oil and gas resources in a specific portion of the leased land. Below, we will delve into the details of this process, its significance, and any potential variations. Key Points: 1. Nebraska Partial Assignment of Oil and Gas Lease: This term refers to the transfer of lease rights in part of the land covered by an existing nonproducing oil and gas lease. The partial assignment gives the assignee specific rights and responsibilities over the assigned portion of the leasehold. 2. Nonproducing Lease: A nonproducing lease refers to an oil and gas lease that is active but has not yet yielded any significant production. This means that the lessee who holds the original lease has not started extraction activities or has not discovered any commercially viable oil or gas reserves. 3. Purpose and Benefits: A Nebraska Partial Assignment of Oil and Gas Lease for Part of Lands Subject to Nonproducing Lease allows the assignee to independently explore and develop the assigned area. This arrangement benefits both parties involved as it allows the assignee to focus resources on a smaller geographical area while the original lessee retains rights over the remaining land. 4. Types of Partial Assignments: a) Proportional Assignment: This type of partial assignment involves the transfer of a specific percentage or fraction of the original nonproducing leasehold to the assignee. For instance, if the nonproducing lease covers 1,000 acres and the assignee receives a 25% proportional assignment, they gain exclusive rights over 250 acres. b) Geographical Assignment: In this type of partial assignment, the transfer of lease rights is based on specific geographical boundaries rather than proportional ownership. The assignee may gain rights over a defined tract or block within the nonproducing lease, regardless of its size. 5. Legal Considerations: Nebraska law requires that any partial assignment of an oil and gas lease must be executed in writing and recorded with the county clerk where the leasehold is located. These recorded documents serve as evidence of the transaction, establishing the assignee's rights and protecting the interests of all parties involved. Conclusion: The Nebraska Partial Assignment of Oil and Gas Lease for Part of Lands Subject to Nonproducing Lease provides significant opportunities for both original lessees and assignees. This arrangement facilitates development and exploration of specific portions of nonproducing leaseholds. With different types of partial assignments available, including proportional and geographical assignments, the assignee gains exclusive rights over a designated area, enabling focused exploration efforts. Understanding the intricacies of this process and adhering to legal obligations ensures a transparent and smooth process for all parties involved in oil and gas exploration in Nebraska.

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FAQ

You may convey overriding royalty interest on either an Assignment of Record Title Interest (Form 3000-3), a Transfer of Operating Rights (Form 3000-3a), or on a private assignment. We only require filing of one signed copy per assignment plus a nonrefundable filing fee found at 43 CFR 3000.12.

An overriding royalty agreement is a contract that gives an entity the right to receive revenue from certain productions or sales. The specific type of occurence that royalties are required to be paid on is included in the overriding royalty agreement.

But not every acre of that land is being developed for energy. About 23 million Federal acres were under lease to oil and gas developers at the end of FY 2022. Of that, about 12.4 million acres are producing oil and gas in economic quantities.

Calculating Overriding Royalty Interest An ORRI is a straight percentage. For example, a 2% override would appear on the royalty statement as 0.02 interest in the proceeds from the sale of the leased hydrocarbons.

A gross overriding royalty entitles the owner to a share of the market price of the mined product as at the time they are available to be taken less any costs incurred by the operator to bring the product to the point of sale.

Partial Assignments: When an assignor conveys 100% record title interest in a portion of the lands in a lease, it creates a partial assignment. Partial assignments segregate the lease into two separate leases. Normally we assign a new lease number to the conveyed portion of the lease.

In oil and gas leases, the habendum clause defines the primary term and secondary term of the lease, dictating how long the lease is in force. When used in the context of oil and gas leases, the focus of the habendum clause is on the "and so long thereafter" portion that extends the lease if conditions are met.

The owner of a royalty interest receives a portion of the income generated from oil and gas production. Unlike an ORRI, a royalty-interest owner does not have the right to execute leases or collect bonus payments. The RI owner does not bear any operating costs or expenses related to the well.

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Partial assignments segregate the lease into two separate leases. Normally we assign a new lease number to the conveyed portion of the lease. Application for the issuance of an oil and gas lease must be executed under oath by applicant or his agent or attorney, or an officer or agent of a corporation, ...BASIC OIL AND GAS FORMS PROGRAM · Assignment (Nonproducing Lease on Part of Lands Subject to Lease) · Assignment of After Payout Interest · Assignment of Oil and ... WHEREAS, Assignor is the present owner and holder of working interests in those certain oil and gas leases as more fully described in Exhibit “A” attached ... It may allow a partial assignment by the lessor, but will require that the assignment cannot increase the lessee's obligations under the lease, such as drilling ... The lessee should include a provision that the partially surrendered lands shall remain subject to the easements and right-of-way provided in the lease for the ... by MH Merrill · Cited by 17 — ancient land law,305 however, there was some doubt concerning the validity of a partial assignment of a lease, if the lessee had no estate in the oil and ... Nov 1, 1970 — 2/ 43 CFR 3106.7-5 provides in relevant part: "An assignment of record title to 100 percent of a portion of the lease segregates the assigned ... by JH Kemp · 1982 · Cited by 8 — Top leasing,' whereby a lessee acquires a lease on a mineral estate cur- rently under a valid, existing lease, is not a new phenomenon in the oil and gas ... Acreage: a general term most commonly used to describe and identify the Lands subject to an Oil and Gas Lease. Acreage is used as a measure of the amount of ...

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Nebraska Partial Assignment of Oil and Gas Lease for Part of Lands Subject to Nonproducing Lease