Can someone explain forced pooling in Oklahoma to me? If the oil companies don’t do a title search and you find out way after the fact that you’ve been force pooled, are there any options? Are they obligated to the mineral owner a bonus?
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There are options to elect but there is a time limit on making an election, that and your other question is answered in the pooling order. If you need a copy post or send me the legal description and I will get the pooling order for you.
Shayne,
Post the legal description as Mineral Joe has stated.
If the info from the title search is correct and your name appeared, then the default election was chosen for you and you would have bonus money coming to you.
If your name was not on it, then it gets tricky. A) If the ownership report/title search correctly lists the person who owns/owned it and you are simply an heir that was not known/discovered through the process, then the election covers you. b) If the estate was correctly probated and information correctly on file, then there may be better options you can take.
Since the most likely scenario is you inherited the rights, the legal description and the name(s) of the person you inherited from will help determine your options.
A mistake on their part puts you in the best position, but unfortunately that is not the usual case in these inquiries.
In Oklahoma if you do not elect within the time limit, usually 20 days, you are given the default royalty of 1/8 plus whatever bonus the OCC approves. In almost all cases the lower the royalty % the higher the bonus amount. Example 1/8 royalty + $500/acre bonus or 3/16 royalty +$400/acre bonus or 1/5 royalty + $300/acre bonus or 1/4 royalty + $0/acre bonus. Just a rough example.
The forced pooling occurred, as far as I can tell in the 1990s. My father, William Davidson, inherited 1/2 of this mineral property from his father, who died in 1960 in Oklahoma and his estate was probated. My father died in 1993 and his estate was not probated-he had a trust and his wife (my mother) was still alive until 2012. I discovered the mineral property through a search of the Oklahoma unclaimed property web site. Royalties were going there in my grandfather’s name (AH Davidson), back to 1999 but possibly earlier royalties had been taken by the state. My parents did not receive any notice of the forced pooling so they never had a chance to respond. Sorry this description is so long and complicated!
All in Haskell County, OK, T8N, Range 20E, 1570 acres more or less:
SE/4 SE/4 of Section 4
E/2 NE/4 of Section 9
N/2 SE/4 NE/4 and S/2 S/2 NW/4 and S/2 S/2 NE/4 and S/2 of Section 10
S/2 S/2 N/2 and NW/4 SW/4 NW/4 and S/2 of Section 11
W/2 SW/4 SW/4 of Section 12
SE/4 NW/4 of Section 13
NW/4 and W/2 NE/4 and NE/4 SE/4 NE/4 and S/2 SE/4 NE/4 and NW/4 SE/4 NE/4 of Section 14
NW/4 and W/2 NE/4 and N/2 NE/4 NE/4 and S/2 NE/4 NE/4 of Section 15
Shaun, my previous reply would have applied to before any funds went into the unclaimed property fund. I would imagine you will need some proof of heirship to claim that. From what you have said the mineral interests themselves are still in you grandfather's name if your Dad's estate was not probated. Go to this site: https://okcountyrecords.com/search/haskell click "jump to advanced search" fill in what information you have and click search. If you can't find anything there you will need to contact the Haskell County Clerk's Office and ask for their assistance in determining the current ownership of the mineral interests. If you want to pursue it at some point you will probably need an attorney to help with the estate questions. Don't be fooled by the 1570 acres more or less, it is very possible that your grandfather only owned a percentage of the total acreage.
Good luck!
Need to know about pooling for the Lillie Mae Unit in Muldoon, TX. My mother's name is Evelyn Carlson but since she passed all leases are in my name.
Richard, you might want to post your question on one of the Texas discussion groups. Open menu at top of this page that says "Groups".
So if you are a mineral owner in a section of a township (12-8n-4E Pottawatomie) are you automatically pooled even if that well is on the opposite side of that section? I see a well completed 10/10/2013 in this section (as posted by Clint) but we did not receive a pooling order. Could be that the ownership is still in my grandmothers name. How would one find out?
Mineral Joe said:
There are options to elect but there is a time limit on making an election, that and your other question is answered in the pooling order. If you need a copy post or send me the legal description and I will get the pooling order for you.
Ann,
You are only pooled if the well unit as identified in the spacing order covers property you own.
For instance if the well is spaced at 160 acres covering the NW 1/4 of the section, the pooling order would not cover you if you only owned property in the SE 1/4.
That well was a dry hole.
You might look at the names in these pooling orders. At a quick glance, they all appear to be 40 acre spaced units.
http://imaging.occeweb.com/AP/Orders/0303D650.pdf
http://imaging.occeweb.com/AP/Orders/030415DE.pdf
Thank you, Rick. My family is listed with unknown address in the first three pooling orders. Should we send certified letters to the company informing them of our addresses?
Rick Howell said:
Ann,
You are only pooled if the well unit as identified in the spacing order covers property you own.
For instance if the well is spaced at 160 acres covering the NW 1/4 of the section, the pooling order would not cover you if you only owned property in the SE 1/4.
That well was a dry hole.
You might look at the names in these pooling orders. At a quick glance, they all appear to be 40 acre spaced units.
http://imaging.occeweb.com/AP/Orders/0303D650.pdf
http://imaging.occeweb.com/AP/Orders/030415DE.pdf
if forced pool, how long does the oil company have to drill or do they have to drill at all and can just lease without planned oil well?