Continental Pacific, LLC owns land in Kahuku, Oahu and proposes a 10-part development plan to keep the area affordable for current residents while allowing for additional housing. The plan includes: 1) Selling residential lots to current villagers at $75,000 each. 2) Offering financing at 10% interest. 3) Selling vacant lots to villagers. 4) Donating two beach parks. 5) Donating or leasing the golf course. 6) Donating cemeteries. 7) Developing 18 large oceanfront lots. 8) Selling a 25+ acre lot. 9) Allowing camping. 10) Creating 9-12 agricultural lots. The plan requires community support for zoning changes
The document discusses a rezoning request for a property located at 4201 Rock Prairie Road. It notes that additional information is requested regarding a statement of intent for gravity sewer, information from the local utility district about a potential agreement, and an agreement with an adjacent property owner to provide sufficient buffering.
Green Wave Mobile Power System Rfp Responsejameslandis
Green Wave Energy Corp. has developed the Green Wave World Power System (GWWPS), a self-sufficient renewable energy system mounted on a trailer that can provide power almost anywhere. The 8kW GWWPS uses solar panels and wind turbines to charge batteries, allowing it to generate 6.4kW of power continuously. It would cost $110,242, less than diesel generators, and eliminate fuel resupply costs while reducing noise, heat signatures, and targets compared to generators. Green Wave demonstrated a GWWPS unit and is offering to provide two units for testing at a Marine Corps base in August 2010.
The document discusses TransCanada's oil pipeline projects including Keystone, Bakken Marketlink, and Cushing Marketlink. Keystone would transport Canadian crude oil to the Gulf Coast, while Bakken Marketlink and Cushing Marketlink would connect growing US production in North Dakota and at Cushing to markets. The projects bring energy security and economic benefits to North America through increased pipeline capacity and market access for Canadian and US oil supplies. TransCanada expects to receive approval for Keystone XL in late 2011 and for the projects to be operational by 2013.
Jim Lanard, Offshore Wind Development Coalition - Keynote Speaker at the marcus evans Wind Power Summit 20123 held in Dallas, TX February 25-26, 2013, delivered his presentation entitled Offshore Wind – A New Market for Land-Based Wind Developers and Their Supply Chain
The Ohio Supreme Court decision in a case that started with three landowners and was later turned into a class action. The case claimed that landowner leases with Beck Energy Corp. were void and should be terminated because Beck never drilled wells on their property and that a provision allowing Beck to pay a nominal delay fee was against public policy. A lower court agreed, but it was overturned by an appeals court and now, the appeals court decision stands as ruled by the Supreme Court.
Continental Pacific, LLC owns land in Kahuku, Oahu and proposes a 10-part development plan to keep the area affordable for current residents while allowing for additional housing. The plan includes: 1) Selling residential lots to current villagers at $75,000 each. 2) Offering financing at 10% interest. 3) Selling vacant lots to villagers. 4) Donating two beach parks. 5) Donating or leasing the golf course. 6) Donating cemeteries. 7) Developing 18 large oceanfront lots. 8) Selling a 25+ acre lot. 9) Allowing camping. 10) Creating 9-12 agricultural lots. The plan requires community support for zoning changes
The document discusses a rezoning request for a property located at 4201 Rock Prairie Road. It notes that additional information is requested regarding a statement of intent for gravity sewer, information from the local utility district about a potential agreement, and an agreement with an adjacent property owner to provide sufficient buffering.
Green Wave Mobile Power System Rfp Responsejameslandis
Green Wave Energy Corp. has developed the Green Wave World Power System (GWWPS), a self-sufficient renewable energy system mounted on a trailer that can provide power almost anywhere. The 8kW GWWPS uses solar panels and wind turbines to charge batteries, allowing it to generate 6.4kW of power continuously. It would cost $110,242, less than diesel generators, and eliminate fuel resupply costs while reducing noise, heat signatures, and targets compared to generators. Green Wave demonstrated a GWWPS unit and is offering to provide two units for testing at a Marine Corps base in August 2010.
The document discusses TransCanada's oil pipeline projects including Keystone, Bakken Marketlink, and Cushing Marketlink. Keystone would transport Canadian crude oil to the Gulf Coast, while Bakken Marketlink and Cushing Marketlink would connect growing US production in North Dakota and at Cushing to markets. The projects bring energy security and economic benefits to North America through increased pipeline capacity and market access for Canadian and US oil supplies. TransCanada expects to receive approval for Keystone XL in late 2011 and for the projects to be operational by 2013.
Jim Lanard, Offshore Wind Development Coalition - Keynote Speaker at the marcus evans Wind Power Summit 20123 held in Dallas, TX February 25-26, 2013, delivered his presentation entitled Offshore Wind – A New Market for Land-Based Wind Developers and Their Supply Chain
The Ohio Supreme Court decision in a case that started with three landowners and was later turned into a class action. The case claimed that landowner leases with Beck Energy Corp. were void and should be terminated because Beck never drilled wells on their property and that a provision allowing Beck to pay a nominal delay fee was against public policy. A lower court agreed, but it was overturned by an appeals court and now, the appeals court decision stands as ruled by the Supreme Court.
The annual report summarizes the activities of the Rural Advancement Foundation International (RAFI) in 2014. Key accomplishments included:
1) Winning reforms to federal crop insurance programs that will better support small and mid-scale diversified farmers.
2) Kicking off new research projects and initiatives to expand farmer sales and access to fresh produce in low-income communities.
3) Providing resources like grants, financial counseling, and training to hundreds of farmers to help support their operations.
The organization focused on policy reform, research, and support for family farmers while taking on challenges around farm policy, agricultural biodiversity, and food security.
Breeding for Organic Production Systems: On Farm Variety TrialsRAFI-USA
The Rural Advancement Foundation International (RAFI) partners with North Carolina State University (NCSU) to conduct the Breeding for Organic Production Systems (BOPS) project. The project aims to improve crops for organic farmers through on-farm variety trials. RAFI helps organic growers by providing information on new varieties and conducting rigorous on-farm trials that meet farmers' needs. Previous trials have evaluated corn, wheat, soybean and peanut varieties, identifying those with traits like disease resistance and weed competitiveness that perform best under organic conditions. RAFI works with farmers to design and implement the trials, collecting data on yields and other traits to help organic producers choose the varieties most suitable for their farms.
Come to the Table Guidebook: Second EditionRAFI-USA
The second edition of the Come to the Table Guidebook is a 40-page publication released in 2015 by RAFI, the NC Council of Churches and Resourceful Communities. It includes snapshots of community groups that have pioneered innovative food access work, the current status of hunger and agriculture in North Carolina and nationally, along with new resources and stories from faith leaders and from the field.
RAFI-USA works to cultivate markets, policies, and communities that support family farms through socially just and environmentally sound practices. It ensures that farm laborers are respected and protected, natural resources are preserved, food is accessible to all, and seed diversity is maintained. RAFI-USA supported farmers through a difficult economic year by finalizing a National Organic Action Plan, doubling funding for the National Organic Program, and providing grants to innovative farmers through the Tobacco Communities Reinvestment Fund. RAFI-USA remains committed to developing sustainable and equitable agriculture systems for the future of family farms.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help boost feelings of calmness, happiness and focus.
RAFI's #UnSelfie Template for #GivingTuesdayRAFI-USA
Join thousands of individuals and organizations across the globe on December 2, 2014 to celebrate #GivingTuesday, an international day of giving back. Celebrate generosity by giving your time, talent, money or voice - and start by sharing your very own #unselfie.
Creating an #unselfie to support RAFI in four easy steps:
1) Print out the #unselfie template or grab a piece of paper.
2) Write down how and why you are giving back this #GivingTuesday.
3) Take a moment to snap a selfie - but instead of showing your smile, feature a handwritten message about why you are giving back by supporting RAFI.
4) Post your photo to Twitter, Instagram, Facebook or Pinterest - and be sure to tag @rafiusa so we can celebrate together!
Are you ready to vote in your FSA county committee election but not sure how? This document will show you how to properly fill out an FSA county committee ballot.
Note: FSA ballots are mailed to farmers prior to an election. The back of the mailing has a large print of the USDA logo.
Source: RAFI's Farmer Leadership Network
For more information visit: http://rafiusa.org/farmer-leadership-network/
Proceedings of the 2014 Summit on Seeds & Breeds for 21st Century AgricultureRAFI-USA
To address both the growing crisis in seed biodiversity and our global capacity to develop diverse seed and breed varieties, RAFI and the Coalition for Seeds and Breeds for 21st Century Agriculture organized the 2014 Summit on Seeds and Breeds for 21st Century Agriculture.
The event, which was held in Washington, DC in March of 2014 brought together plant breeders, experts on the seed industry, farmers, activists and academics representing ten universities, twelve civil society organizations and four seed collections to discuss the state of our global seed supply and develop recommendations for reinvigorating public breeding research and increasing seed availability in the country.
The Proceedings of the 2014 Summit on Seeds & Breeds for 21st Century Agriculture provide a compilation of the summit keynote papers, response papers, presentations and findings, as well as a summary of recommendations collaboratively developed by summit participants during discussion.
The publication includes the summit keynote papers authored by well-known plant breeders and researchers in the plant breeding field including:
• William Tracy, a sweet corn breeder with the University of Wisconsin;
• Major Goodman, a corn breeder and professor of crop science at North Carolina State University;
• Tommy Carter, a research geneticist and professor of crop science at North Carolina State University;
• David Ellis, the head of the Genebank Unit at the International Potato Center in Peru;
• Kathy Jo Wetter, Research Director of ETC Group’s Action Group on Erosion, Technology & Concentration;
• Michael Mazourek, a vegetable breeder and professor of plant breeding at Cornell University; and
• Charles Brummer, Senior V.P. Director of Forage Improvement at the Samuel Roberts Noble Foundation.
Learn more: http://rafiusa.org/publications/seeds/
The Final Report released by the North Carolina Mining and Energy Commission (MEC) in response to public comments on the draft fracking rules. A few of the proposed changes strengthen the rule set, especially those requiring Surface Use Agreements for any proposed drilling unit application. Unfortunately, some of the most inadequate rules, such as setbacks for high occupancy building, remain unchanged.
Executive Summary from Proceedings of 2014 Summit on Seeds & Breeds for 21st ...RAFI-USA
A compilation of 2014 Seed Summit keynote papers, response papers, presentations, findings, and a summary of recommendations to address the seed crisis.
RAFI's 2013 annual report summarizes the organization's activities for the year. Key points include:
- RAFI worked with over 250 family farms, preserving $50 million in farm assets and securing over $1 million in new credit and restructuring over $15 million in existing loans.
- 24 innovative farm projects were funded through RAFI's Tobacco Communities Reinvestment Fund.
- RAFI educated over 800 people on landowner rights and hydraulic fracturing in North Carolina.
- Over 600 faith and farm leaders attended RAFI's Come to the Table conferences on food access and agriculture.
- RAFI continued advocating for crop insurance reform to better support organic and specialty crop farmers.
Managing Specialty Crop Risk in North Carolina 2013RAFI-USA
Addressing risk is critical to the survival of family farms. Specialty crops in particular face a greater challenge. Over the past year, RAFI worked with specialty crop farmers across North Carolina to research and write Managing Specialty Crop Risk in North Carolina.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise boosts blood flow, releases endorphins, and promotes changes in the brain which help regulate emotions and stress levels.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Hydraulic Fracturing: Where are We Now? PowerPoint PresentationRAFI-USA
North Carolina's legislature has authorized hydraulic fracturing but prohibited permits until regulations are in place. A Mining and Energy Commission is drafting these regulations, including rules around water management, chemical disclosure, and well construction. They have also studied compulsory pooling, where unwilling landowners can be forced to participate in drilling units. The Commission's study group recommended landowners get liability protections and fair offers first. The legislature will review these recommendations but there is no timeline for action. Stakeholders can get involved by engaging with the Commission process or contacting the advocacy group RAFI.
Joint Statement on USDA Sunset Policy Sept2013RAFI-USA
The USDA announced changes to the process for exempting prohibited substances in organic food without public comment. Under the new policy, exempted synthetic materials could be indefinitely permitted unless a two-thirds majority of the NOSB votes for their removal, rather than requiring reapproval every five years. Consumer and environmental groups decried this move as weakening the meaning of the organic label by minimizing incentives for natural alternatives and lowering consumer expectations. They intend to campaign for the USDA to reverse the changes and uphold the spirit of the organic law and standards.
This document presents soybean yield results from 2010-2012 for various soybean genotypes of different maturity groups grown in organic systems. The highest yielding varieties are listed for each maturity group, with yields ranging from 52.6 bushels/acre to 56.8 bushels/acre depending on the maturity group and location. The top performers in each group were NCC07-7506 for Group 5 early soybeans, HBKC-5894 for Group 5 late soybeans, NC-Roy for Group 6 early soybeans, and NCC06-899 for Group 7-8 late soybeans.
BOPS Organic Wheat Yields and Rye Suppression RankingsRAFI-USA
The document presents results from organic wheat variety trials and ryegrass suppression trials conducted in North Carolina. It shows that Featherstone VA 258 performed best overall, ranking first in both yield and ryegrass suppression compared to 15 other wheat varieties. The highest yielding variety was Featherstone VA 258 with 95.8 bu/acre. Featherstone VA 258 also had the lowest number of ryegrass heads at 308 per square meter, making it most effective at ryegrass suppression.
This document summarizes the results of an organic wheat variety trial from 2012-2013. It ranks 44 wheat varieties based on protein percentage, falling number test, test weight in pounds per bushel, and grain yield in bushels per acre. It shows that Arcia had the highest overall rank in 2013, while Coker9436 had the highest yield at 16 bushels per acre. The trial provides agronomic data on organic wheat varieties to help farmers select high performing options.
The annual report summarizes the activities of the Rural Advancement Foundation International (RAFI) in 2014. Key accomplishments included:
1) Winning reforms to federal crop insurance programs that will better support small and mid-scale diversified farmers.
2) Kicking off new research projects and initiatives to expand farmer sales and access to fresh produce in low-income communities.
3) Providing resources like grants, financial counseling, and training to hundreds of farmers to help support their operations.
The organization focused on policy reform, research, and support for family farmers while taking on challenges around farm policy, agricultural biodiversity, and food security.
Breeding for Organic Production Systems: On Farm Variety TrialsRAFI-USA
The Rural Advancement Foundation International (RAFI) partners with North Carolina State University (NCSU) to conduct the Breeding for Organic Production Systems (BOPS) project. The project aims to improve crops for organic farmers through on-farm variety trials. RAFI helps organic growers by providing information on new varieties and conducting rigorous on-farm trials that meet farmers' needs. Previous trials have evaluated corn, wheat, soybean and peanut varieties, identifying those with traits like disease resistance and weed competitiveness that perform best under organic conditions. RAFI works with farmers to design and implement the trials, collecting data on yields and other traits to help organic producers choose the varieties most suitable for their farms.
Come to the Table Guidebook: Second EditionRAFI-USA
The second edition of the Come to the Table Guidebook is a 40-page publication released in 2015 by RAFI, the NC Council of Churches and Resourceful Communities. It includes snapshots of community groups that have pioneered innovative food access work, the current status of hunger and agriculture in North Carolina and nationally, along with new resources and stories from faith leaders and from the field.
RAFI-USA works to cultivate markets, policies, and communities that support family farms through socially just and environmentally sound practices. It ensures that farm laborers are respected and protected, natural resources are preserved, food is accessible to all, and seed diversity is maintained. RAFI-USA supported farmers through a difficult economic year by finalizing a National Organic Action Plan, doubling funding for the National Organic Program, and providing grants to innovative farmers through the Tobacco Communities Reinvestment Fund. RAFI-USA remains committed to developing sustainable and equitable agriculture systems for the future of family farms.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help boost feelings of calmness, happiness and focus.
RAFI's #UnSelfie Template for #GivingTuesdayRAFI-USA
Join thousands of individuals and organizations across the globe on December 2, 2014 to celebrate #GivingTuesday, an international day of giving back. Celebrate generosity by giving your time, talent, money or voice - and start by sharing your very own #unselfie.
Creating an #unselfie to support RAFI in four easy steps:
1) Print out the #unselfie template or grab a piece of paper.
2) Write down how and why you are giving back this #GivingTuesday.
3) Take a moment to snap a selfie - but instead of showing your smile, feature a handwritten message about why you are giving back by supporting RAFI.
4) Post your photo to Twitter, Instagram, Facebook or Pinterest - and be sure to tag @rafiusa so we can celebrate together!
Are you ready to vote in your FSA county committee election but not sure how? This document will show you how to properly fill out an FSA county committee ballot.
Note: FSA ballots are mailed to farmers prior to an election. The back of the mailing has a large print of the USDA logo.
Source: RAFI's Farmer Leadership Network
For more information visit: http://rafiusa.org/farmer-leadership-network/
Proceedings of the 2014 Summit on Seeds & Breeds for 21st Century AgricultureRAFI-USA
To address both the growing crisis in seed biodiversity and our global capacity to develop diverse seed and breed varieties, RAFI and the Coalition for Seeds and Breeds for 21st Century Agriculture organized the 2014 Summit on Seeds and Breeds for 21st Century Agriculture.
The event, which was held in Washington, DC in March of 2014 brought together plant breeders, experts on the seed industry, farmers, activists and academics representing ten universities, twelve civil society organizations and four seed collections to discuss the state of our global seed supply and develop recommendations for reinvigorating public breeding research and increasing seed availability in the country.
The Proceedings of the 2014 Summit on Seeds & Breeds for 21st Century Agriculture provide a compilation of the summit keynote papers, response papers, presentations and findings, as well as a summary of recommendations collaboratively developed by summit participants during discussion.
The publication includes the summit keynote papers authored by well-known plant breeders and researchers in the plant breeding field including:
• William Tracy, a sweet corn breeder with the University of Wisconsin;
• Major Goodman, a corn breeder and professor of crop science at North Carolina State University;
• Tommy Carter, a research geneticist and professor of crop science at North Carolina State University;
• David Ellis, the head of the Genebank Unit at the International Potato Center in Peru;
• Kathy Jo Wetter, Research Director of ETC Group’s Action Group on Erosion, Technology & Concentration;
• Michael Mazourek, a vegetable breeder and professor of plant breeding at Cornell University; and
• Charles Brummer, Senior V.P. Director of Forage Improvement at the Samuel Roberts Noble Foundation.
Learn more: http://rafiusa.org/publications/seeds/
The Final Report released by the North Carolina Mining and Energy Commission (MEC) in response to public comments on the draft fracking rules. A few of the proposed changes strengthen the rule set, especially those requiring Surface Use Agreements for any proposed drilling unit application. Unfortunately, some of the most inadequate rules, such as setbacks for high occupancy building, remain unchanged.
Executive Summary from Proceedings of 2014 Summit on Seeds & Breeds for 21st ...RAFI-USA
A compilation of 2014 Seed Summit keynote papers, response papers, presentations, findings, and a summary of recommendations to address the seed crisis.
RAFI's 2013 annual report summarizes the organization's activities for the year. Key points include:
- RAFI worked with over 250 family farms, preserving $50 million in farm assets and securing over $1 million in new credit and restructuring over $15 million in existing loans.
- 24 innovative farm projects were funded through RAFI's Tobacco Communities Reinvestment Fund.
- RAFI educated over 800 people on landowner rights and hydraulic fracturing in North Carolina.
- Over 600 faith and farm leaders attended RAFI's Come to the Table conferences on food access and agriculture.
- RAFI continued advocating for crop insurance reform to better support organic and specialty crop farmers.
Managing Specialty Crop Risk in North Carolina 2013RAFI-USA
Addressing risk is critical to the survival of family farms. Specialty crops in particular face a greater challenge. Over the past year, RAFI worked with specialty crop farmers across North Carolina to research and write Managing Specialty Crop Risk in North Carolina.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise boosts blood flow, releases endorphins, and promotes changes in the brain which help regulate emotions and stress levels.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Hydraulic Fracturing: Where are We Now? PowerPoint PresentationRAFI-USA
North Carolina's legislature has authorized hydraulic fracturing but prohibited permits until regulations are in place. A Mining and Energy Commission is drafting these regulations, including rules around water management, chemical disclosure, and well construction. They have also studied compulsory pooling, where unwilling landowners can be forced to participate in drilling units. The Commission's study group recommended landowners get liability protections and fair offers first. The legislature will review these recommendations but there is no timeline for action. Stakeholders can get involved by engaging with the Commission process or contacting the advocacy group RAFI.
Joint Statement on USDA Sunset Policy Sept2013RAFI-USA
The USDA announced changes to the process for exempting prohibited substances in organic food without public comment. Under the new policy, exempted synthetic materials could be indefinitely permitted unless a two-thirds majority of the NOSB votes for their removal, rather than requiring reapproval every five years. Consumer and environmental groups decried this move as weakening the meaning of the organic label by minimizing incentives for natural alternatives and lowering consumer expectations. They intend to campaign for the USDA to reverse the changes and uphold the spirit of the organic law and standards.
This document presents soybean yield results from 2010-2012 for various soybean genotypes of different maturity groups grown in organic systems. The highest yielding varieties are listed for each maturity group, with yields ranging from 52.6 bushels/acre to 56.8 bushels/acre depending on the maturity group and location. The top performers in each group were NCC07-7506 for Group 5 early soybeans, HBKC-5894 for Group 5 late soybeans, NC-Roy for Group 6 early soybeans, and NCC06-899 for Group 7-8 late soybeans.
BOPS Organic Wheat Yields and Rye Suppression RankingsRAFI-USA
The document presents results from organic wheat variety trials and ryegrass suppression trials conducted in North Carolina. It shows that Featherstone VA 258 performed best overall, ranking first in both yield and ryegrass suppression compared to 15 other wheat varieties. The highest yielding variety was Featherstone VA 258 with 95.8 bu/acre. Featherstone VA 258 also had the lowest number of ryegrass heads at 308 per square meter, making it most effective at ryegrass suppression.
This document summarizes the results of an organic wheat variety trial from 2012-2013. It ranks 44 wheat varieties based on protein percentage, falling number test, test weight in pounds per bushel, and grain yield in bushels per acre. It shows that Arcia had the highest overall rank in 2013, while Coker9436 had the highest yield at 16 bushels per acre. The trial provides agronomic data on organic wheat varieties to help farmers select high performing options.
1. Compulsory Pooling &
Comp lsor Poolin &
Landowner Protections
Presentation to Compulsory Pooling Study Group
of the North Caroling Mining & Energy Commission
McSwain Agriculture Center
Agriculture Center
Sanford, NC
January 11, 2013
John Humphrey
John H mphre
The Humphrey Law Firm
107 S. West St., PMB 325
Alexandria, VA 22314
Alexandria VA 22314
humphrey.law@earthlink.net
703‐599‐7919
3. Unitization and pooling
of leased mineral estates
fl d i l
Cox Homestead Kelly Farm
Leased mineral estate
Leased mineral estate Leased mineral estate
Leased mineral estate
NC law authorizes the State to combine leased
estates like the Cox homestead and Kelly
farm here into a single drilling unit
(G.S. § 113‐393) (1945).
( )( )
3
4. Unitization and pooling
of leased mineral estates
fl d i l
Cox Homestead Kelly Farm
Leased mineral estate
Leased mineral estate Leased mineral estate
Leased mineral estate
NC law authorizes the State to compel leased
mineral estates within a drilling unit into a
pool to share production and costs
(G.S. § 113‐393) (1945).
( )( )
4
5. Unitization and pooling
of leased mineral estates
fl d i l
Cox Homestead Kelly Farm
Leased mineral estate
Leased mineral estate Leased mineral estate
Leased mineral estate
How drilling, production, and reclamation will
proceed will be determined by the operator’s
leases with the Cox family and with the Kelly
family, supplemented by State rules.
5
6. Unitization and pooling of leased with
unleased mineral estates
l d i l
Cox Homestead Kelly Farm
Leased mineral estate
Leased mineral estate Unleased mineral estate
Unleased mineral estate
6
7. Unitization and pooling of leased with
unleased mineral estates
l d i l
Cox Homestead Kelly Farm
Leased mineral estate
Leased mineral estate Unleased mineral estate
Unleased mineral estate
NC law authorizes the State to combine leased
estates like the Cox land and unleased estates
like the Kelly farm into a single drilling unit
(G.S. § 113‐393) (1945).
7
8. Unitization and pooling of leased with
unleased mineral estates
l d i l
Cox Homestead Kelly Farm
Leased mineral estate
Leased mineral estate Unleased mineral estate
Unleased mineral estate
NC law authorizes the State to compel leased
mineral estates and unleased mineral estates
into a pool to share production and costs
(G.S. § 113‐393) (1945).
( )( )
8
9. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
9
10. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
What are the effects on production of the
p
Kellys’ gas resource if the State compels
p
pooling?g
10
11. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
In a “loose gas” formation, pooling would enable
g p g
the Kellys’ gas to be produced from the Cox well
without surface or subsurface access because
“loose gas” migrates. He
He 2 2
CH4 CH4 CH4 CH4
CH4 CH4 CH4 CH4
C2H8 CH4 C2H8 CH4
11
12. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
A “loose gas” formation is the circumstance
g
that the 1945 NC Oil & Gas Conservation Act
p
contemplated.
He2 He2
CH4 CH4 CH4 CH4
CH4 CH4 CH4 CH4
C2H8 CH4 C2H8 CH4
12
13. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
But NC’s Triassic Basin is a “tight gas” formation.
g g
Gas, locked in the shale, is unlikely to migrate to
y g q
a nearby well in significant quantities, if at all.
He2 He2
CH4 CH4 CH4 CH4
CH4 CH4 CH4 CH4
C2H8 CH4 C2H8 CH4
13
14. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
“Tight gas” formations undercut the primary
g g p y
consumer protection basis for pooling –
p
preventing gas in an adjacent estate from
gg j
being produced without compensation.
He 2 He 2
CH4 CH4 CH4 CH4
CH4 CH4 CH4 CH4
C2H8 CH4 C2H8 CH4
14
15. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
However, the inability of tight gas to migrate
y g g g
strengthens the economic rationale for pooling
p p g
for operators and “orphaned” mineral rights
owners who need a larger pool to recover costs.
He 2 He 2
CH4 CH4 CH4 CH4
CH4 CH4 CH4 CH4
C2H8 CH4 C2H8 CH4
15
16. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Which raises the question, if the State pools an
q p
unleased property like the Kelly farm, can the
State also compel the Kellys to grant surface
p y g
and subsurface easements?
He 2 He 2
CH4 CH4 CH4 CH4
CH4 CH4 CH4 CH4
C2H8 CH4 C2H8 CH4
16
17. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Put differently, after the Kelly property is
y yp p y
pooled, what rights will the gas operator
y y
have on and under the Kelly family farm?
He2 He2
CH4 CH4 CH4 CH4
CH4 CH4 CH4 CH4
C2H8 CH4 C2H8 CH4
17
18. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate No surface
Unified Estate
Unified Estate
access?
Will the State’s authority be limited to
y
compelling the Kelly family into a pool with
y
the Cox family?
He2 He2
CH4 CH4 CH4 CH4
CH4 CH4 CH4
CH4 No drilling or drill‐
C2H8 CH4 through access? CH4
C2H8
18
19. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Surface
Unified Estate
Unified Estate
access?
Or will the State have the authority to compel
y p
the Kellys to grant the operator access to the
yp p y
surface and subsurface of the Kelly property?
He2 He2
CH4 CH4 CH4 CH4
CH4 CH4 CH4
CH4 Subsurface drilling or
C2H8 CH4 C2H8 CH
drill‐through access? 4
19
20. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Whether or not operators are granted surface
p g
and subsurface access rights significantly
y
affects estate owners beyond whether estate
owners’ mineral resources are produced.
He 2 He 2
CH4 CH4 CH4 CH4
CH4 CH4 CH4 CH4
C2H8 CH4 C2H8 CH4
20
21. State power to compel granting access
easements to gas operators
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Without surface and subsurface easements,
“tight gas” cannot be produced via wells on
j p p y p
adjacent properties, but many other impacts
to adjacent land also are avoided.
He 2 He 2
CH4 CH4 CH4 CH4
CH4 CH4 CH4 CH4
C2H8 CH4 C2H8 CH4
21
22. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
22
23. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Another significant issue affecting landowners
g g
is which rules govern drilling, production, and
p p p
reclamation on pooled properties.
23
24. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
In an example like the one above where the
p
Cox family has a lease and the Kelly family
g g
does not, what rules govern how drilling,
production, and reclamation will proceed on
the pooled Cox and Kelly family properties?
p y yp p
24
25. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
In this example, what rules govern how drilling,
p g g
production, and reclamation will proceed on
p y yp p
the pooled Cox and Kelly family properties?
Cox Estate: Lease
and State rules
25
26. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
In this example, what rules govern how drilling,
p g g
production, and reclamation will proceed on
p y yp p
the pooled Cox and Kelly family properties?
Cox Estate: Lease Kelly Estate:
and State rules State rules only
26
28. How easements and governing rules affect
landowners
l d
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
How surface and subsurface easements and
how the source of rules governing gas
p
operations will affect landowners can be seen
by considering the lifecycle of a lease on the
p
pooled Cox and Kelly family properties.
y yp p
28
29. How easements and governing rules affect
landowners
l d
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Scene 1
After the pooling order is completed, a truck
arrives with a crew ready to begin surveying
arrives with a crew ready to begin surveying
and conducting seismic tests.
29
30. How easements and governing rules affect
landowners
l d
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
1. Operator survey and seismic test
Cox Lease Current State rules
‐ Notice: Notice prior to testing ‐ No notice
to enable landowner to secure ‐ No limitations on testing
fenced or gated areas or move
equipment or activities
‐ Testing Limits: Types, timing,
and manner of testing limited
30
31. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
1. Operator survey and seismic test (cont.)
Cox Lease Current State rules
‐ Vegetation: Minimize ‐ No limitations on vegetation
vegetation impacts, prior impacts, damages negotiated
written approval to destroy after fact or determined in
vegetation, pay fair market court
value for damages, set valuation
l f d l
method
31
32. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
1. Operator survey and seismic test (cont.)
Cox Lease Current State rules
‐ Structures: No impacts (gates, ‐ Damages to structures
fences, buildings) without prior negotiated after fact or
written approval & agreement determined in court
on compensation ‐ No limits on off‐road access,
‐ Roads: Use existing access roads damages negotiated after
except by written approval, fact or determined in court
32
remediate grass and turf
33. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
1. Operator survey and seismic test (cont.)
Cox Lease Current State rules
‐ Holes drilled to be smallest bore ‐ Note limits on bore holes or
possible, plugged & remediated remediation mandated
‐ Minimum buffer established for ‐ No buffer between testing
testing activities from and existing infrastructure,
structures, water sources, water sources, or livestock
underground pipes, livestock
33
34. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
1. Operator survey and seismic test (cont.)
Cox Lease Current State rules
‐ Sounds and vibrations from ‐ No limits on sound and
seismic work to be muffled to vibrations
protect occupants and livestock ‐ No remediation required
‐ Remediation: Operator agrees from testing activities
to return property to original
condition within set time
34
35. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
1. Operator survey and seismic test (cont.)
Cox Lease Current State rules
‐ Liability: Operator strictly liable ‐ No shifting of risk to operator
and agrees to indemnify ‐ No dispute resolution
landowner against any claims or methods agreed to
regulatory enforcement actions
‐ Dispute resolution methods
agreed to
35
36. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
1. Operator survey and seismic test (cont.)
Cox Lease Current State rules
‐ Insurance: Operator to maintain ‐ Minimal if any insurance
prescribed amount of worker’s liability required for survey
comp, employer’s liability, and seismic testing activities
comprehensive general liability,
and business auto and vehicle
db d h l
liability insurance
36
37. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Scene 2:
Environmental consultant arrives to begin
gathering of baseline data
gathering of baseline data
37
38. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
2. Baseline data collection and environmental monitoring
Cox Lease Current State rules
‐ Requires specific schedule, ‐ Baseline testing and monitoring
required but standards not
required but standards not
locations, and disclosure of established and may be less
monitoring groundwater, rigorous that what landowner
surface water, soil, and air would negotiate [§2(c)]
‐ Original survey documents to be ‐ No requirements to provide
provided to landowner survey documents
38
39. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
3. Surface Use Agreement Standards – Construction Phase
Scene 3:
Sanford Herald has article about operator
transferring some leases. Inquiries to
transferring some leases. Inquiries to
operator yield no reply until letter from new
company arrives.
company arrives.
39
40. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
3. Limits on transfer of lease
Cox Lease Current State rules
‐ Advance notice to mineral rights ‐ Notice of lease assignment
owner of lease transfer or required within 30 days [§4(d)]
written consent of mineral ‐ No restrictions on lease transfer
rights owner prior to transfer
40
41. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
3. Surface Use Agreement Standards – Construction Phase
Scene 4:
Three years pass.
41
42. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
4. Renewal Terms
Cox Lease Current State rules
‐ 3‐year lease not renewed unless ‐ 10‐year lease term
“drilling operations” have ‐ No standard of “bit in ground”
commenced. If no operations, or “strata reached” provisions to
can negotiate new lease. trigger lease renewal
‐ Force majeure clause
Force majeure clause
‐ No force majeure clause
operational for ten years [§4(d)]
renewal at 3 years
42
43. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
3. Surface Use Agreement Standards – Construction Phase
Scene 5:
3 years pass. Drilling finally begins.
43
44. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
5. Surface Use Agreement Standards – Construction Phase
Cox Lease Current State rules
‐ Written construction land‐use plan ‐ No timeline or written plan for
containing setbacks from buildings construction provided
t ti id d
and water agreed to and provided ‐ No agreement on mitigation of
to landowner light and noise from
construction phase
construction phase
‐ Lights and noise impacts minimized
‐ No right of inspection
‐ Right of inspection of construction 44
45. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
5. Surface Use Agreement Standards – Construction Phase (cont.)
Cox Lease Current State rules
‐ Operator pays fair market value ‐ No compensation schedule or
for all timber, crops, and valuation method for damage
l ti th d f d
established
structures (including fences and
gates) removed or damaged ‐ No temporary fencing set up
‐ No erosion control measures
No erosion control measures
‐ Temporary fencing , drainage
agreed to
and erosion control measures
45
agreed to and established
46. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
5. Surface Use Agreement Standards – Construction Phase (cont.)
3. Surface Use Agreement Standards – Construction Phase
Cox Lease Current State rules
‐ Soil quality maintained through ‐ No provisions for soil quality
double ditching to separate top protection or avoiding soil
soil and subsoil compaction made
‐ Soil compaction avoided
‐ Rocks removed from surface
where unearthed 46
47. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
5. Surface Use Agreement Standards – Construction Phase (cont.)
Cox Lease Current State rules
‐ Lease must specify allowable ‐ Lease must specify allowable
water use, not conflict with water use, not conflict with
landowner water usage, and landowner water usage, and
provide for fair market value for provide for fair market value
water [§4(d)]
[ (d)] for water [§4(d)]
f [ (d)]
47
48. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
5. Surface Use Agreement Standards – Construction Phase (cont.)
3. Surface Use Agreement Standards – Construction Phase
Cox Lease Current State rules
‐ Plans, timeline, and payment ‐ No provisions for additional
schedule for infrastructure infrastructure development
development beyond well ‐ No limits on infrastructure
‐ Specific easements for development rights arising
appurtenant infrastructure from pooling rights
granted with geographic, height,
48
and depth limits
49. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
5. Surface Use Agreement Standards – Construction Phase (cont.)
3. Surface Use Agreement Standards – Construction Phase
Cox Lease Current State rules
‐ Production phase land‐use plan ‐ No written production phase
agreed to in writing land‐use plan prepared
l d l d
‐ No written reclamation plan
‐ Reclamation plan agreed to in
agreed to
writing
‐ No drilling and construction
No drilling and construction
‐ Drilling and construction phase damages measured and paid
damages valued and paid 49
50. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
3. Surface Use Agreement Standards – Construction Phase
Scene 6:
Check arrives in the mail from operator.
50
51. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
3. Surface Use Agreement Standards – Construction Phase
6. Receive a royalty check – is it for the right amount?
Cox Lease Current State rules
‐ After bonus check for acreage, ‐ No bonus payment ever
monthly royalty payments received
above statutory minimum once ‐ 12.5% statutory minimum
production starts royalty received
‐ Royalties paid without
deductions on greater of market
51
value or gross proceeds
52. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
6. Receive a royalty check – is it for the right amount? (cont.)
3. Surface Use Agreement Standards – Construction Phase
Cox Lease Current State rules
‐ Royalty statement includes lessor ‐ No details required on
name; lessor’s ID #; lease #; well payments
and property name; API #; month
and year of sale; oil, gas, and NGL
volumes; price per barrel or
l b l
MMBtu; taxes; lessor’s interest,
share of sale, deductions & codes 52
53. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
6. Receive a royalty check – is it for the right amount? (cont.)
3. Surface Use Agreement Standards – Construction Phase
Cox Lease Current State rules
‐ Right of royalty audit can be ‐ No royalty payment audit rights
exercised ‐ No rental payments for surface
‐ Rents paid for use of lands use of land
‐ Lease terms supercede any
p y
Division Order language
53
54. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
3. Surface Use Agreement Standards – Construction Phase
Scene 7:
Stranger drops in for coffee. Tenders offer for
Cox Lease Current State rules
gas and hunting lease above undeveloped
gas and hunting lease above undeveloped
portion of mineral estate.
54
55. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
7. Who can lease out undeveloped portions of land?
Cox Lease Current State rules
‐ Horizontal and vertical Pugh ‐ No division of property
clauses limited depth and range allowing leasing of unused
of minerals leased originally portion of land.
‐ Retained acreage and depth
clause frees from lease areas
and zones leased but not
55
developed
56. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
7. Who can lease out undeveloped portions of land? (cont.)
Cox Lease Current State rules
‐ Specific contract terms retaining ‐ No specific terms governing
right of alternate uses for alternate uses or payment for
timber, crops, and hunting and loss of alternate uses.
preserving acreage for these
purposes.
‐ Hunting rights near wellheads
56
leased to operator.
57. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
7. Who can lease out undeveloped portions of land? (cont.)
Cox Lease Current State rules
‐ Mineral estate leased limited ‐ No limits on mineral types
specifically to oil, gas, and pooled specifically identified
natural gas liquids
57
58. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Scene 8:
Scene 8:
Is there supposed to be a pool of oil there?
58
59. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
8. Responding to accidents
Cox Lease Current State rules
‐ Operator must indemnify surface ‐ Operator must indemnify
owner against any claims related surface owner against any
to operator’s activities on claims related to operator’s
property [§4(c)] activities on property [§4(c)]
‐ Adequate operator bonding,
capitalization, and insurance
59
requirements
60. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
8. Responding to accidents (cont.)
Cox Lease Current State rules
‐ Operator must have and inform ‐ Operator must indemnify
surface owner of emergency surface owner against any
f i t
claims related to operator’s
response operation plans and
activities on property [§4(c)]
disclose details of all accidents
‐ Disclosure of hazardous
Disclosure of hazardous
‐ Disclosure of hazardous chemicals materials to emergency
used on or injected into land responders and regulators 60
61. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Scene 9:
Scene 9:
Honey, they’re just not listening to what I’m
saying.
saying
61
62. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
9. Dispute resolution process agreed upon
Cox Lease Current State rules
‐ Operator agrees in writing to best ‐ No dispute resolution
efforts to resolve dispute, procedures identified
mediation, then court proceedings
in county in which well located
62
63. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Scene 10:
Scene 10:
Then one day, the pump stopped.
63
64. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
10. Payments and renewals when operations are suspended
Cox Lease Current State rules
‐ Habendum (continuous ‐ No lease provision protecting
operations) clause releases shutting‐in of production
mineral estate when production
stops.
‐ If well shut‐in or flow reduced
temporarily, shut‐in royalties paid.
64
65. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Scene 11:
Scene 11:
When you were a little girl . . . .
65
66. Rules governing development and
production of pools
d i f l
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
11. Reclaiming and restoring land
Cox Lease Current State rules
‐ Detailed written reclamation and ‐ No reclamation plan
monitoring plan ‐ Requirement that operator
‐ Warranty of adequate operator provide financial assurance of
capitalization and operator well closure, reclamation,
bonding to cover reclamation and ongoing monitoring [§2(c)]
ongoing monitoring
66
67. Protecting Landowners in the Law
Protecting Landowners in the Law
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Conclusions
‐ Under current NC law, landowners compelled into a pool have
.
significantly fewer opportunities to protect themselves than
those who negotiate their leases.
those who negotiate their leases
‐ Compelling the granting of surface and subsurface easements
affects a wider range of landowner rights than compulsory
pooling alone.
67
68. Protecting Landowners in the Law
Protecting Landowners in the Law
Leased Cox Pooled Kelly
Unified Estate
Unified Estate Unified Estate
Unified Estate
Conclusions
‐ If a compulsory pooling rule that compels granting surface or
.
subsurface easements is implemented, the State should
integrate into pooling orders the full array of measures
integrate into pooling orders the full array of measures
generally available in oil and gas leases to protect owners of
any pooled mineral estate or appurtenant surface estate,
whether unified or severed.
h th ifi d d
68
69. Cox Homestead Kelly Farm
Compulsory Pooling & Landowner Protections
p y g
Presentation to Compulsory Pooling Study Group
of the North Caroling Mining & Energy Commission
John Humphrey
McSwain Agriculture Center
Sanford, NC The Humphrey Law Firm
January 11, 2013 107 S. West St., PMB 325
Alexandria, VA 22314
Alexandria VA 22314
humphrey.law@earthlink.net
703‐599‐7919
69