We’re being force pooled in Tarrant County, Texas. Our tract consists of 201.5 gross acres, but only 2.5 acres and 3.8 acres are subject to force pooling. Is it legally permissible to be force pooled on such a small portion of our land? Texas legal descriptions are already complex—how should we accurately reflect the legal description for such a small tract? Additionally, how can we track which portions of our 201.5 acres have been force pooled and which have not? Finally, are there any penalties associated with being force pooled in Texas?
Are you being force pooled under MIPA?
Mineral Interest Pooling Act
What abstract # is your interest located in?
I believe it’s MIPA. Abstract 661.
Interesting. I don’t see any permits in that abstract.
MIPA used to be very rare, but has recently been used quite a bit in Tarrant.
MIPA is intended to be used in dense urban areas where all of the owners may difficult to find and / or lease.
I personally think it is better to execute a lease than to be force pooled through MIPA.
But MIPA ensures that everyone will get to be included in royalties and not left out. I’ve seen other parts of Tarrant where MIPA was not used, and if you didn’t lease (whether you declined or were simply not home when they went door to door) you were left out cold and they still drained the gas under your property.
Looks like the well would cross abstract 642, 1007 and a small part of 661. So even if the royalty is the same under force pooling or leasing, a lease would better protect our interest?
There is an existing BKV well that barely comes into your abstract. I think that is the one you are describing. It was drilled years ago. It is not MIPA. What operator is trying to get MIPA on you?
You can get more specific terms about how your royalties are paid if you lease as opposed to MIPA. Hopefully you can negotiate for a better royalty rate also. I’m not even sure what the standard terms would be under MIPA. Hopefully someone else with more knowledge here can chime in. Also you can search MIPA and find more online about how the process works. I’m not sure if you get a lease bonus or not under MIPA. Hopefully the documentation you received has some specifics.
The operator is TotalEnergies. They told me we get a royalty if we are force pooled, but no bonus and the operator gets to elect the royalty based on market rates. It’s annoying having to negotiate two leases for 2.5 and 3.8 acres.
In August 19, 2025 RRC hearing, TEP Barnett USA LLC (Oper# 842986) got approvals of of 5 MIPA applications in Tarrant County. OG-25-00020432 for Howell Osler MIPA A Unit, Well #2H; OG-25-00020503 for Howell MIPA B Unit, Well #1H; OG-25-00020504 for Howell MIPA A Unit, Well #2H; OG-25-00020552 for Howell MIPA C Unit, Well #4H; and OG-25-00020553 for Howell Osler MIPA B Unit, Well #3H. Wells are permitted. Under each well, the Final Order has terms for unleased owners. Seems to be 20% royalty (from 1st production) plus 80% WI treatment (WI comes into play at payout). Order also shows unleased tracts within each unit. So all your land may be allocated somewhere. Here is link to all permits. https://webapps2.rrc.texas.gov/EWA/drillingPermitsQueryAction.do?methodToCall=search&pager.pageSize=10&pager.offset=0&searchArgs.paramValue=
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