Recommendations on lawyer & what are chances of fighting a lease without a Pugh clause

Can anyone suggest a few good O&G lawyers? Is it better to get a lawyer in the state of the property or in Houston, where I live and where leaseholder is located? How would I find out names of other royalty owners on some of the property to see if they have interest in joining the case?

I have a good lease offer for about 1200 acres in McKenzie Co, ND. I found that the property is held by a 1977 lease without a Pugh clause. There is 1 well that has been producing tiny amounts for the past 10-15 yr. The operator says the lease was assigned to them, but the current holder of the original lease's landman won't release it. He says that well holds the entire lease and they are under no obligation to release it. I have found no evidence that they have ever done any exploration activities and he indicated that they have no plans to. He says current production is 131 barrel/mo with value of $400/mo. The lease says a well has to have "paying quantities" to hold the lease, and that low amount seems questionable. I need a lawyer to look at the lease and tell me if we have a chance to get it released via legal means.

Has anyone been successful in getting a lease released in this scenario? Any advice?

Thanks everyone.

Corinne

Dear Ms. Maddox,

131 BBL/MO x $70=$9170/MO. Paying quantities.

Contractually, they are under no obligation to release anything.

Now, there is an implied obligation to develop as a reasonable and prudent operator would go under the same or similar circumstances. Difficult argument to make.

You need a ND Lessor firm, experienced in not only oil and gas, but litigation. There is a business decision to be made as to risk/cost analysis.

Thank you for your advice.

Buddy Cotten said:

Dear Ms. Maddox,

131 BBL/MO x $70=$9170/MO. Paying quantities.

Contractually, they are under no obligation to release anything.

Now, there is an implied obligation to develop as a reasonable and prudent operator would go under the same or similar circumstances. Difficult argument to make.

You need a ND Lessor firm, experienced in not only oil and gas, but litigation. There is a business decision to be made as to risk/cost analysis.

Buddy Cotten

Mineral Management