South Dakota Ratification of Oil and Gas Lease by Nonparticipating Royalty Owner

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US-OG-112
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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

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.

Is there more than one type of oil and gas lease? Yes, there are three types: a surface use lease, a non-surface use lease, and a dual purpose lease.

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.

A ratification of an existing Texas oil and gas lease usually executed by a non-participating royalty interest owner or a non-executive mineral interest owner. It can be used for transactions involving business entities or private individuals.

The royalty percentage is usually 12.5% to 15% but can change based on regional regulations or negotiations. Types of Leases: There are different types of oil and gas leases, and they affect royalty calculations differently.

A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.

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.

Royalty Clause There are two types of royalties, a net and a gross royalty. Normally, the oil and gas lease contains a net royalty. If the lease provides for a net royalty, this means that post-production deductions will be taken from the royalty.

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South Dakota Ratification of Oil and Gas Lease by Nonparticipating Royalty Owner