Dear Harrison County Mineral Rights Members,
My Brother & I are heirs to a (1/4) interest in a gas lease dating back to 1897. My Great Grandfather HG Moffett had a farm in Big Issac, W Va totaling (136) acres. He left the lease with South Penn Oil Co. to (8) children.
My Grandmother, Great Aunt, Aunt & Mother paid taxes every year, and received royalties since inheriting (2x1/8) or a (1/4) interest in royalties. We were deeded the (1/4) interest prior to my Mothers passing in (2000) and have paid taxes and received royalties from the pumped oil since the transfer.
Anteros began to speak with us about (2) years ago, requesting a lease modification. CNX took over last year, and once I had an offer from them I retained a local Pittsburgh attorney familiar with gas leases to look the offer over.
About three weeks ago, a CNX land man informed me that we had lost the (1/4) share to Tenmile Oil (&) TRIO/WACO/ROSS back in the early 90's. He sent me Copies of a deed transfer showing the Tenmile Deed dated (1/96), in the name of Howard L. Moffett, who died in 1992.
I contacted a very knowledgeable lawyer in Morgantown who searched the records and he found an additional deed showing Howard L. Moffett & (7) others, including my Grandmother Odessa & my Great Aunt Ida, which had had been sold at tax sale to TRIO/WACO/ROSS in April, 1994.
The only person the tax office notified concerning sale in both cases was H L Moffett who was deceased. My Mother never received notice, nor is there any record showing that she was notified. Had she been notified by ether "Tenmile Oil (or) TRIO/WACO/ROSS", or whoever is responsible (perhaps the tax office), she would have gladly paid the $6.50 tax due.
I'm not a lawyer, but, as I understand, there are now (2) taxes that are due: Tax on Oil/Gas in place (&) a tax on Royalties. Is this correct?
I also understand that the new tax on oil & gas in place was implemented in Harrison County in the late (80's/early 90's) that would have applied to this situation. Does anyone have any info on how an oil & gas lease would be taxed? There are (2) oil wells that are operational.
I'm also wondering if anyone else in this network knows of anyone who's been damaged in a like kind of situation where notice was given, but to someone who didn't have a vested interest.
I am willing to help pay for a class action suit if that's our next step.
Please, any info would be truly appreciated.