Jay,
Many continue to have the same faith and we cannot expect any attorney to go broke seeking our justice, because of our righting a wrong; but we always short change an attorney who does, by calling him or her a crook because they get millions and take their money off the top.
When one takes all the risk it most of the time equates to them gaining the more, because of taking all the risk from the onset in my opinion. And, we see this all the time in class-action suits, when the lead plaintiff takes the initial complaint and then others ajoin at a later time and the only risk is filing a claim after the initial filing in the court system.
This is not a for or against opinion, but we have participated as landowner/mineral owner alike in the court system for years, whereas even probate has taken approx. 30 years to litigate. The wheels of justice turns very slow when one lacks resources and the most to loose, and even the more. However, the big judgements of one's peers are rewarded and risked because of the appellate process and the defendents are well aware.
So, point is if you expect someone else to take up your cause, then you have further disengaged yourself; but there are opportunities for activism and taking your case forward administratively and/ or finding an advocate who will champion your disadvantages victoriously.
I will not go as far to say that this would be an easy adventure, nor that you will prevail; but it comes down to what is right and just. Unfortunately, many today do not feel the same and they know that the only way to bring things to life is by and through the court system. And, many of us aren't able to enter and fight at that level simply because of a lack of resources and/ or attorney. And, many times the courts will not allow an individual citizen to bring forth a claim without an attorney, or practice law without a license.
So, now we are back to the same point(s) of what is our next step or obvious next step to remain focused and productive citizens. And, many of us leave things undone for the next generation(s), which most of the time continue to a more crowded injustice, whereas there are more divide and chaos. In this instance the O&G company continue to lobby and effect legislation to their advantage by force pooling (MIPA) mineral interest pooling agreement, by and through the Texas Railroad Commission and inadvertly win, by controlling one's interest any way!
So, Jay experience has taught us that the mineral interest trumps landowner interest and your right they got the best lawyers for hire. So be encouraged and continue to share the actual accounts of what has happened and occurring to enligten another; but continue to seek out alternatives to mitigate your circumstance with CHK in my opinion. Ben has been a great source of opinion on this public site, and maybe Buddy Cotten will give you some source opportunity. Continue in the fate.
jay hester said: Thanks seth , those are words of wisdom. You are right. My CHKP statement I got today showed the unit price of .20 cents. I guess next month we will be just giving the NG produced from our wells to chsp. 119.00 from three wells that when they came in were in the top 5 biggest wells in Johnson co tx. I dont even expect a check next month. It's not right what they are doing. But I will continue in faith.
Seth said:
Ben,
We all can appreciate your explanation of benefits, in favor of mineral/royalty owner. Thanks, for assisting the landowner/mineral owner.
Ben Elmore said:
Jay,
You describe a situation that falls within the implied covenant to manage and administer the lease, including the duty to market under your oil and gas lease, and potentially falls within the express royalty provision in your lease. In essence, your lessee has the duty to pay market value, and if the lessee makes unreasonable deductions for post-production costs or obtains a lower market price because of an affiliate sale, then the lessee has breached that duty. Not all affiliate sales are a breach of course, because many companies sell to affiliate marketing arms and receive market price. I am seeing your situation with other CHK royalty owners in the Haynesville, Marcellus and the Eagle Ford. There is something you can do about it, but it would probably require going to court. Attorneys will take this type of case on a contingency fee and cover the costs of the litigation. If you lose, the attorney eats all the costs. The attorney only gets paid if he/she recovers for you. Thanks ben since the price of NG is so low now , it hardly seems worth goin after chp they have all the assests . Me and my family members share these leases. My sister owns many more acres than I do and they are very well off, they really dont need this money. Me on the other hand have only 13 acres, and have been using the royalty money to live off. So its hard for me to convince them to go after cshp. Now with the price low and gettin jipped by chp I am forced to go back to work fixin cars, Im 60 I thought I was retired, but not anymore. Thanks for your concern.