Oklahoma Ratification of Oil, Gas, and Mineral Lease by Mineral Owner

State:
Multi-State
Control #:
US-OG-382
Format:
Word; 
Rich Text
Instant download

Description

This form is when the Lessor ratifies the Lease and grants, leases, and lets all of Lessor's undivided mineral interest in the Lands to Lessee on the same terms and conditions as provided for in the Lease, and adopts and confirms the Lease as if Lessor was an original party to and named as a Lessor in the Lease.

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FAQ

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.

Statutory ?Pugh? Clause: The Commission has no jurisdiction to release any portion of your lease. [* Named after a Louisiana lawyer, Lawrence G. Pugh, who drafted an oil and gas lease clause calculated to prevent the holding of non-pooled acreage.]

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.

What is the Pugh Clause and what does it accomplish? In general terms, the Pugh Clause provides that production from a unitized or pooled area located on or including a portion of the leased lands will not be sufficient to extend the primary term for the entire leasehold.

A Pugh Clause terminates the lease as to the portions of the land that are not included in a unit if the lessee does not conduct independent operations. Therefore, the Pugh Clause requires the lessee to develop areas of the lease that are not included in a unit.

The only way to determine mineral rights ownership in Oklahoma is to do a title search at the courthouse where the property is located. To do this, you must review all deeds and other legal conveyances pertaining to the subject tract back to 1907. Mineral ownership information is not available online from any website.

Without any royalty income it comes down to what buyers think the future income might be. For non-producing properties, the Mineral Rights Value in Oklahoma could be anywhere from a few hundred dollars per acre to $5,000+/acre. It really depends on which county your property is located in.

Oklahoma has no inheritance tax. Capital gains tax must be paid on any sale of mineral rights and income generated from royalty streams. However, if the mineral rights have not been severed from the property, the county may not charge taxes beyond property taxes.

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Oklahoma Ratification of Oil, Gas, and Mineral Lease by Mineral Owner