Anyone that has mineral rights in Crockett County interested in or know about any clas action suits against EP energy in Crockett County?
The County and District Court Clerks Offices can tell you if there is any current or past legal actions against a company.
Texas Rule of Civil Procedure 42 specifically authorizes Texas citizens to bring class action lawsuits. ... The Texas Supreme Court has restrictively interpreted Rule 42 so as to effectively eliminate class actions in Texas courts.
It is not easy, but in some cases it seems possible. In the case of mineral leases, it seems that they need to be the same. Good luck!
I've heard about that. It seems Chesapeake claimed that if leases were different, you couldn't file a Class Action Suit. Each mineral owner has to file their own suit.
The Texas Supreme Court has never affirmed a class certification ruling. They have found some reason to reverse every class ever certified that they have ruled on.
Thank you Robert. Seems Texas law is all for the operators and oil companies.
Yes, it seems the tail wags the dog.
Robert, Is it hopeless to try to get what is due me as a mineral owner? I paid an attorney to try to get EP to not only pay correctly but follow through with suit. She now informes me she no longer does that. Any suggestions?
Some Attorneys don't go to Court. What you need is an experienced Oil and Gas and Civil Trial Lawyer.
What is your particular situation with EP Energy?
Charles, Are you affiliated with EP? An attorney?
No, Sally, I am not affiliated in any way with EP Energy. Don't even know who they are.
And I am not an Attorney, just an ordinary, every day "Field Landman". A Certified Professional Landman (CPL), actually, but that doesn't really mean anything to anybody other than other Landman and maybe the occasional Attorney.
You need to describe to us what the particulars are about your 'sitch for any of us to properly advise you in any way.
None of the Professionals that respond to inquiries from people such as you on The Forum (which I humbly include myself as one of) will lie to you or mislead you.
Learn to trust us.
What's your 'sitch?
Thank you Charles. I inherited mineral, oil, gas interests in Ozona back in 1985. The royalty interest has been handed down back to a great great uncle. Many oil companies has neglected to pay me on wells and done so with no lease. I often find out by checking unclaimed property where they put those royalties in my mom’s name. Ep is doing so in my grandmother’s name and categorized it as non participating royalty owner making it so they don’t have to send me a lease. They refuse to talk or email me but insist I have an attorney to communicate. Now they wont respond to any form of communication from my attorney. This is only the start of the issues. I am very familiar with Accredited public landmen.
What do you suggest??
Thats handed down from…
The "Non-Participating" part of a Non-Participating Royalty Interest (NPRI) indicates that you do not have the Executive Rights, the right to negotiate any Leases or receive any Lease Bonus payments, only the right to receive Royalties from any oil and gas produced and sold from the property.
If you are finding royalties on the State's Unclaimed Properties Website in your Mother's and Grandmother's names, then it appears to me that the company has not been able to accurately determine the title to your interests.
You need to "Cure" the defects to your title and send that information to the company and to the State in order for them to rectify the situation and release the royalties they have "in suspense".
They do not begin payment of royalties or will suspend payment of royalties when they do not have clear evidence of who the rightful owners of the interests are.
You need to research title to your interests at least from the Deed or Reservation where the subject NPRI was created (the "Source Deed") through to today and determine who inherited what from who.
There may be a way to research the County Clerk's Records online, but the County Court and District Court Records will more than likely only be available at the Courthouse in Ozona.
You will probably need to prepare an Affidavit of Heirship, maybe more than one, setting out your family's complete marital and family history from your Great, Great Uncle's era down to today.
If anyone's Will was probated in another County or State, then you will need to obtain certified copies of those documents and file them in Crockett County.
Once you have all that paperwork filed of record in Crockett County, you will need to get certified copies of those documents from the County Clerk's Office and send a set to the Company and to the State.
They will send you what papers you need to sign in order for them to place your interests in "pay status" and begin sending you your royalties.
If you will click on my name where it is highlighted in blue above and invite me to become "A Friend" on The Forum, we can go over your options more privately.
Hope this helps -
Charles, Friend request sent.
All you have stated here has all been done. Attorney suggested a deed to be filed certified in Ozona and send to Ep a copy. I think it would not hurt to also have a chain of heirship filed.
EP either did not complete the title search or took shortcuts. A cpl did the research but not good enough for Ep. They have frustrated my attorney… so we are in limbo. She sent the required demand letter giving them 60 days to respond.and they wont take her calls now that its way past 60 days.
Looking forward to your help. Sally