
10/12/07, 02:15 PM
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Join Date: Sep 2004
Location: NY
Posts: 55
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Don't do it ! They want to do seismic testing, they can do it without having rights to your land for whatever period of time after they are done.
Also, negotiate, even with simple seismic testing. Most around here signed the standard permit. However our neighbor, the president of the county Farm Bureau had them draft a special permit for him and we used the same one. It kept them from retaining the rights, also made them liable for any damage to crops, timber, fences, etc. Also it specified they would remove all flagging when done as well as set a finite date for operations. Any days after the specified date, they would have to pay by the day.
You can bet they were in and out on time, and no damage or anything left behind. And I didn't cash the check until I was sure of it.
Be very wary when dealing with the landmen. They can be smooth operators and will tell you how rich you will get, and that the "standard contract" is all they can offer you. Well I am here to tell you there is no such thing. You can negotiate, and if they don't want to, show them the door. Many around here signed on for 12 % royalties because the landman told them that was the standard and all they would ever see. Then another moved in and is paying 18.75%. A new company has just come to town and they are offering 25% royalties.
Have any contract looked at by a lawyer specializing in mineral rights. I say that because many attorneys don't know anything about the subject. Also, check with your local Farm Bureau. Here in Chemung County NY, our president is one of the leading authorities on mineral rights and has attorneys calling HIM for advice.
It's a great opportunity for you and your family, but you have to educate yourself and be very careful about covering all your bases. Good luck!
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