Monthly Archives: October 2015

This Ain’t No Technological Breakdown – Oil Gas Crash

The song says it all. The idea that the oil business will simply wait out the current crisis and simply pop up like a punching clown is a silly idea. The oil business is down for the count.
Road to Hell – Chris Rea

Can we talk? Rigs are going to be cannibalized, scraped and hands who were making good money and suddenly lost their jobs and what they thought was their lifelong career will find something else to do…and they won’t be back. A whole new generation of oil workers will have to be trained sometime in the future. I suspect that future will outlive me. From 1981 through 2001 – 20 years the business languished. And it’s glory days lasted less than 15 years – barely 10 for natural gas, which at the end of October hit a low not seen in this century. $2.

I couldn’t sell deals in 1991 because natural gas was $2 an MCF. How could you possible pedal a deal today at that price? You can’t. It is impossible. So at age 65 I anticipate ending my career as a penny ante mineral appraiser and there is very little chance I will sell another deal in my lifetime. The notion that nat gas was simply a mining proposition and the bottom line bucks meant nothing has been proven very wrong indeed. How many millions of dollars in drilling rigs, mudlogging and well logging equipment, fishing tools, pipe, welders, frack tanks, etc. will be idled and probably sold for 10¢ on the dollar? Shades of the mid-1980s.

The worst is yet to come. Next spring dozens of gas companies will disappear. Tens of thousands of geologists, engineers and roughnecks, pipeliners, and their oil patch brethren and sister, will be looking for work.

And that sets us up for the eventual shortage of gas, the inevitable spike in gas prices, and the ramping up, once again of drilling…but that will be years down the road. Meanwhile, alternative fuels cannot compete, and buyers will snap up the biggest gas guzzling SUV they can find. Sad but true. So call in the buzzards.

Call in the Buzzards for Me

Call in the Buzzards for Me

Manage Your Minerals – Lesson One

As an appraiser of mineral rights, it is surprising how few of us actually track our mineral properties. We lack even a rudimentary understanding of the legal description. Often these minerals are transferred on hand written documents with really bad legals. This leads to serious problems. You may have deeds that are in conflict with what is actually there.
Over-conveyance is curable but the outcome may disappoint you. The courts rule most often using the Duhig Rule. Charles Sartain explains the Duhig Rule in his post at this link :
Duhig Rule

Basically, it says that if bad conveyance results and all parties cannot be made whole, the overage is taken from the grantor’s land. Below is an example where the ownership is in doubt.
The legal provided stated the following

…100% interest in and to all of the oil, gas and other mineral in and under and that may be produced from the following describe lands situated in Roger Mills County, state of Oklahoma, to-wit:
Section Thirty-five (35) and Thirty-six (36) Township sixteen (16) North, Range Twenty-three (23) West, Roger Mills County, Oklahoma
Containing 55.8 acres, more or less….

Subsequent title work indicated the actual amount to the grantees was 14.6 acres. The legal description contains the description to 1,280 acres, and the deed does not specify where the 55.8 acres is. Further, the entire property was in section 36 according to title work. There is no mineral property in the other section.
Such bad title work results in making the job of a mineral appraiser difficult to set a per acre value to the property, or to apply a per acre value to the same. Yes, it costs money to clear clouded titles, to bring up reservation of minerals into a more defensible mineral deed, but the potential for errors and the liability of misallocation of accurate legals can result in much greater issues in the future.

Walking Beam pumps for sale - Ohio 2015

Walking Beam pumps for sale – Ohio 2015

A Love Letter to Your Family –

LOVE LETTER TO MY FAMILY
FROM: ______________________________________
(effective: _____________________)
Dear Loved Ones:
In an attempt to simplify matters for you, I have written this letter to provide you with information that will be necessary for you when the time arises:
ADVISORS:
Some of the people you will need to contact are listed below:
Attorney: Insurance Advisor:
Name: ________________________ Name: ________________________
Address: ________________________ Address: _________________________
Phone: ________________________ Phone: _________________________
Fax: ________________________ Fax: _________________________

Accountant: Financial Planner:
Name: ________________________ Name: _________________________
Address: ________________________ Address: _________________________
Phone: ________________________ Phone: _________________________
Fax: ________________________ Fax: _________________________

Stockbroker: Stockbroker:
Name: ________________________ Name: _________________________
Address: ________________________ Address: _________________________
Phone: ________________________ Phone: _________________________
Fax: ________________________ Fax: _________________________

Pension Benefits: Mortgage Holder:
Name: ________________________ Name: _________________________
Address: ________________________ Address: _________________________
Phone: ________________________ Phone: _________________________
Fax: ________________________ Fax: _________________________

Employer: Other:
Name: ________________________ Name: _________________________
Address: ________________________ Address: _________________________
Phone: ________________________ Phone: _________________________
Fax: ________________________ Fax: _________________________

Other: Other:
Name: ________________________ Name: _________________________
Address: ________________________ Address: _________________________
Phone: ________________________ Phone: _________________________
Fax: ________________________ Fax: _________________________
ASSETS:
Here is a list of all my stocks, bonds and other investments, including property. I have listed a contact person and telephone number for each item, as well as the location of any documents. I have ____ have not ____ attached a financial statement.
Investment: Investment:
Contact: _________________________ Contact: _________________________
Phone: _________________________ Phone: _________________________
Documents are located:
________________________________ Documents are located:
________________________________

Investment: Investment:
Contact: _________________________ Contact _________________________
Phone: _________________________ Phone: _________________________
Documents are located:
________________________________ Documents are located:
________________________________

Investment: Investment:
Contact: _________________________ Contact _________________________
Phone: _________________________ Phone: _________________________
Documents are located:
________________________________ Documents are located:
________________________________

Investment: Investment:
Contact: _________________________ Contact: _________________________
Phone: _________________________ Phone: _________________________
Documents are located:
________________________________ Documents are located:
________________________________

Money is owed to us by: Money is owed to us by:
Contact: _________________________ Contact: _________________________
Address: _________________________ Address: _________________________
Phone: _________________________ Phone: _________________________
Amount: _________________________ Amount: _________________________

Money is owed to us by: Money is owed to us by:
Name: _________________________ Name: _________________________
Address: _________________________ Address: _________________________
Phone: _________________________ Phone: _________________________
Amount: _________________________ Amount: _________________________
Deposits:
I have____ have not ____ made any substantial deposits on certain accounts. If applicable, the accounts are:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Liabilities:
Here is a list of our liabilities, including a contact name and phone number of each, as well as the location of any related documents.
Liability: ___________________________ Liability: ___________________________
Contact: ___________________________ Contact: ___________________________
Phone: ___________________________ Phone: ___________________________
Documents are located:
_____________________________ Documents are located:
_____________________________

Liability: ___________________________ Liability: ___________________________
Contact: ___________________________ Contact: ___________________________
Phone: ___________________________ Phone: ___________________________
Documents are located:
_____________________________ Documents are located:
_____________________________

Liability: ___________________________ Liability: ___________________________
Contact: ___________________________ Contact: ___________________________
Phone: ___________________________ Phone: ___________________________
Documents are located:
_____________________________ Documents are located:
_____________________________

Liability: ___________________________ Liability: ___________________________
Contact: ___________________________ Contact: ___________________________
Phone: ___________________________ Phone: ___________________________
Documents are located:
_____________________________ Documents are located:
_____________________________

I am also a guarantor of the following debt:

Liability: ___________________________ Liability: ___________________________
Contact: ___________________________ Contact: ___________________________
Phone: ___________________________ Phone: ___________________________
Documents are located:
_____________________________ Documents are located:
_____________________________

Liability: ___________________________ Liability: ___________________________
Contact: ___________________________ Contact: ___________________________
Phone: ___________________________ Phone: ___________________________
Documents are located:
_____________________________ Documents are located:
_____________________________

Liability: ___________________________ Liability: ___________________________
Contact: ___________________________ Contact: ___________________________
Phone: ___________________________ Phone: ___________________________
Documents are located:
_____________________________________ Documents are located:
_____________________________
Insurance Coverage:
I have the following life insurance policies (including company owned):
Type Owner Beneficiary Face
Amount Existing Loans Cash Value
____ ________________ ________________ $__________ $__________ $__________
____ ________________ ________________ $__________ $__________ $__________
____ ________________ ________________ $__________ $__________ $__________
____ ________________ ________________ $__________ $__________ $__________
Any of the policies can be found at _______________________________________________.
I have the following disability insurance policies:
Company Policy Located at:
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
I have the following long-term care policies:
Company Policy Located at:
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
I have the following health insurance policies:
Company Policy Located at:
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
I have the following other policies:
Type Company Policy Located at:
Auto _________________ ________________________________
Umbrella _________________ ________________________________
Home _________________ ________________________________
_________ _________________ ________________________________
_________ _________________ ________________________________
_________ _________________ ________________________________
_________ _________________ ________________________________
If I become disabled, please make sure to pay the premiums on the policies, which will provide me or my family benefits.
If I am disabled, my life insurance policy allows ___ does not allow ___ for pre-payment of death benefits to support me.
If I am disabled, my life insurance policy allows ___ does not allow ___ you to stop making premium payments.
If I am disabled, my disability insurance policy allows ___ does not allow ___ you to stop making premium payments.
Employment:
I have the following disability and/or death benefits where I work (briefly describe):
• Retirement Plans:________________________________________________________
• Life Insurance:__________________________________________________________
• Health Insurance:________________________________________________________
• Long Term Care Insurance:________________________________________________
• Disability Insurance:______________________________________________________
• Deferred Compensations:__________________________________________________
• Stock Ownership:_______________________________________________________
• Stock Options:_________________________________________________________
• Cafeteria Plan:__________________________________________________________
• Other:________________________________________________________________
Documents:
I have executed each of the following documents and you can find them where noted:
Document Date Signed Location
Will __________ _____________________________
Living Will __________ _____________________________
Medical Power of Attorney __________ _____________________________
Medical Directive __________ _____________________________
General Power of Attorney __________ _____________________________
Living Trust __________ _____________________________
Insurance Trust __________ _____________________________
Charitable Trust __________ _____________________________
Minor’s Trust __________ _____________________________
Custodial Account __________ _____________________________
Organ Donation __________ _____________________________
Pre-Nuptial Agreement __________ _____________________________
Post-Nuptial Agreement __________ _____________________________
Divorce Decree __________ _____________________________
Citizenship Papers __________ _____________________________
Burial Agreement __________ _____________________________
Retirement Plan Beneficiary Designation __________ _____________________________
Insurance Beneficiary Designation __________ _____________________________
I have appointed (in the above documents) the following persons to act in my behalf if I become disabled:
Power of Attorney over my Assets: 1st:_______________ 2nd:_________________
Power of Attorney – Medical: 1st:_______________ 2nd:_________________
Guardian over my Property: 1st:_______________ 2nd:_________________
Guardian over my Person: 1st:_______________ 2nd:_________________
It is my desire that the persons having the above powers act on my behalf rather than a guardian being appointed, unless my family believes guardianship is necessary.
In the event of my incapacity, I do ___ do not ___ want to be kept home as long as possible, taking into account the cost.
I have___ do not have___ a divorce decree which may require that certain payments be made after I am disabled or after my death.
General Information:
I do___ do not ___ have a safety deposit box. It can be found at ___________________ and the key can be found ___________________________________.
I do___ do not___ have a personal safe. The combination is ___________________
The safe can be found:________________________________________________.
I have ___ have not ___ attached a list of the persons I want to receive my personal property when I die.
I may receive an inheritance from:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Upon my death, my heirs will ___ will not ___ receive a distribution or benefits from a trust. If yes, the trust instrument was created by:_____________________________________________________.
The Trust instrument can be found:____________________________________.
I am ___ am not ___ currently the Trustee for a trust. If I am a Trustee, the trust document is located at:
___________________________________________________________
I am ___ am not ___ a beneficiary of a trust. If I am a beneficiary, the trust document is located at:
____________________________________________________________
My social security number is: _______________________________
My driver’s license number is:_______________________________
My passport number is:___________________________________
I am ___ am not ___ entitled to military benefits. List the benefits:
_____________________________________________________
_____________________________________________________
_____________________________________________________
I am ___ am not ___ entitled to other benefits. List the benefits:
_____________________________________________________
_____________________________________________________
_____________________________________________________

In the Event of My Death:
I have the following wishes:
Funeral Home:_________________________________________
Cemetery:_____________________________________________
Plot/Drawer#:__________________________________________
I have___ have not___ prepaid my burial cost _________, for my burial plot _______, for my casket _______. Information can be found at:______________________________________________________
I do ___ do not ____ want to be cremated. Crematory:_________________
Minister/Rabbi to perform service: ________________________________
Pallbearers:
_____________________________ _____________________________
_____________________________ _____________________________
_____________________________ _____________________________
_____________________________ _____________________________
Special Requests:
Obituary Reading:____________________________________________
Tombstone Engraving:_________________________________________
Organs for Donation:__________________________________________
In lieu of flowers, please ask for donations to:
_______________________________________________________________
Other special requests:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
I have signed this family love letter this ______day of _________________________, __________(yr). This document is not intended to replace my will or other estate planning documents signed by me. However, it is my express desire that each family member, Executor, Trustee and Guardian will use this love letter and the other documents signed by me in making any discretionary decisions for me and my family.
_________________________________________________(sign)
_________________________________________________(print)
Copies of this document were delivered to:
_____________________________ _____________________________
_____________________________ _____________________________
_____________________________ _____________________________
_____________________________ _____________________________

Don’t Sell Your Mineral Rights Short

Time and chance taketh us all. That came home this week as I lost a cousin who was two months younger than me. Now the royalty owner has to just “tough it out”. It is not the time to panic or to think that your mineral rights are suddenly “worthless”. I have been watching in Arkansas as folks are selling out to some Texas royalty firms for as little as $300. Why? I can only guess but I doubt it is out of desperation. More likely, they have only one or two wells, drilled perhaps five or more years ago, and the check has dwindled down to a few dollars. To them the property has become worthless. That is not true.
Some Arkansas terminology. Pooling is the common term used in most states but the process is called unitization or integration in Arkansas (in addition to pooling.) It basically means the same thing. Pooling laws in the state allows all mineral owners in a section to be integrated into a drilling unit. And everyone is required to participate in some way or another. One person cannot prevent the rest of the pool from developing their mineral rights, or as the courts put it, to “enjoy” their minerals.
Every drilling unit in the Fayetteville is allowed up to 16 operating wells in the Fayetteville Shale plus one additional well in another zone under B-43 rules. The long laterals that post-date the adoption of B-43 means for practical reasons, 8 wells will likely be sufficient to drain the entire unit. A drilling unit is usually 640 acres – matching the Public Land Surveying System of one square mile. Keep in mind that there is no such thing as a “square acre”. This goes all the way back to the survey methods from England. Until King Henry VIII, survey was by landmarks. About this time a monk created a system of measurements where a chain was a length of 66’ and there were 100 links in each chain. The rod was 16½ feet or one-fourth of a chain. Ten square chains (not 10 chains square which would be 660’ x 660’ or 10 acres) made an acre.
If you have income from only one well, then there are more places to be drilled in that unit. Intuitively, we know that gas is not locked in place. However, shale gas is less mobile than gas found in a sandstone reservoir with high porosity. One strategically-placed well might drain a large part of a sand body. That is not the case for shale gas. It generally has to be hydraulically fractured. Virgin pressure may exist on the opposite side of a section from a single well.
You have to think like the oil company at this time. They leased a lot of land. They had only a few years to perfect the lease with an operating well. You do not develop all the wells. The driller will develop the minimum number of wells that will serve to hold by production (HBP). That usually means one well per section and then coming back after that well is nearing the end of its economic life to drill additional wells.
This means during the frenzied years of the peak play, hundreds of wells were drilled only one per section. After holding the best acreage they may decide some wells were not economic and they will release (not re-lease) the leases. The HBP lands will then be developed in time.
Today that means drilling from two to four or more wells on one pad. These oversized pads are ultimately smaller footprints on the land and serve to decrease drilling costs while minimizing environmental surface damage. That is when the surge of gas will be greatest.
Thus, if you have only one well on your property and your check has dwindled to almost nothing. Take heart. They will eventually drill more wells or let the lease expire. But if you think that last check is going to be as good as it gets, you may just be selling out for less than 1% of what you could have gotten. And, those folks in Texas? They just made a killing. So if you have any of that dwindling Fayetteville gas rights you want to sell for $300, give me a call. At least I will keep the money in Arkansas.
So back to my first sentence. Don’t panic, don’t sell, and don’t guess (chance). As Bat Masterson once said, “Take your time, and don’t miss.”
airdrilledwellinarkoma