The family owns 216 acres in an old oil field. Thirty percent of the family joined the unit in 1982; seventy percent did not. The family was paid accordingly. A percentage was based on the unit production; a percentage was based on the lease production. 107 acres didn’t have production but was leased in 1982 because it was in the formation/unit boundaries; however, the EOR didn’t take off due to poor oil prices. In 2001, another producer leased the 107 acres and bought the oil field. The 2001 lease is a producers 88(7-69) with 640-acre pooling. The family specifically spelled out on the addendum that no lands would become part of the Unit; however, all the storage tanks on the 216 acres disappeared and we got a one-page division order with our percentage of interest greatly reduced. This is how stupid we are: we thought the new division order was because of adding the 107 acres to the existing lease. We didn’t know that we were being treated as if we were in the unit. Now I am the only living heir that knows anything about the history of the field and I am slowly putting the puzzle together. My questions:
(1) Can this LEASE producers 88 make our land be in the unit even if we put NO LANDS SHALL JOIN THE UNIT on the addendum?
(2) If it does not join us to the unit, then 30% remains leased, 70% is out of lease on non-productive tracts?
(3) Can I get surface damages for the 3 pads they made when they put 3 pump jacks on wells that were non-productive for 50+ years, along with damages for the flow lines, electric lines, and roads they now put on the non-productive tract? Thanks.