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re: Any MS land men on here? ie mineral rights

Posted on 4/20/17 at 9:26 am to
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 4/20/17 at 9:26 am to
quote:

I was told that in MS there is a limit to one well per section so any new activity



False, you really need to find a new attorney.

Seriously, I am not trying to be a smart arse but he should have advised you on all of this from the get go.

quote:

i would think would take place at that old well site.


Why would you think that? The old well likely has casing cemented in place and they are going to avoid it at all cost.
Posted by White Bear
Yonnygo
Member since Jul 2014
13965 posts
Posted on 4/20/17 at 9:26 am to
quote:

I was told that in MS there is a limit to one well per section so any new activity i would think would take place at that old well site.
Nah that sounds like horse shite to me.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 4/20/17 at 9:33 am to
quote:

My gut feeling is you'll be at peace there unless some new O&G play pops up in your immediate area.


Your gut is probably correct and there is not much going on in that area in recent history nor is it very likely anytime soon.

However the OP needs to accept that he could have a dozer clear a location, a drilling rig pull up, pits be dug, and pumping unit installed withing plain view of his front porch and there will not be one thing he can do to stop it.

Posted by bayoudude
Member since Dec 2007
24962 posts
Posted on 4/20/17 at 9:36 am to
quote:

However the OP needs to accept that he could have a dozer clear a location, a drilling rig pull up, pits be dug, and pumping unit installed withing plain view of his front porch and there will not be one thing he can do to stop it.



Yep and not sure i can accept that after investing close to $500k into a property after i put in my improvements. Might just have to pass on this one. This has been one hell of a tiring search for land the last 6 months.
Posted by White Bear
Yonnygo
Member since Jul 2014
13965 posts
Posted on 4/20/17 at 9:45 am to
You could pursue buying the minerals or at least attempt to get a no surface use agreement with current mineral owners. If minerals are owned by a family it could be a hairball mess with many heirs, etc. Always a party.

or hell why couldn't you lease the minerals for 5-10yrs if no drilling activity????
This post was edited on 4/20/17 at 9:47 am
Posted by bayoudude
Member since Dec 2007
24962 posts
Posted on 4/20/17 at 9:57 am to
I am really not worried about owning the subsurface. I just don't want my land raped and pillaged after investing that much into a property. I would be content owning all surface rights. Never ran into anything like this in LA guess this is just another way MS is backwards.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 4/20/17 at 10:03 am to
quote:

or hell why couldn't you lease the minerals for 5-10yrs if no drilling activity????


He likely can purchase them very reasonably as there is not much prospect for royalties, just have to ask the owner, whomever it may be.
Posted by TigerDog83
Member since Oct 2005
8274 posts
Posted on 4/20/17 at 10:23 am to
If it's weyerhaueser that owns the mineral rights (probably through buying an old timber company mineral servitude) you stand little chance of them selling you the minerals. A good landman or title attorney familiar with mineral title would have to run your tract back to patent to determine who owns minerals. This shouldn't be that complicated in a section with no historical production and only one dry hole.
Posted by White Bear
Yonnygo
Member since Jul 2014
13965 posts
Posted on 4/20/17 at 10:24 am to
quote:

He likely can purchase them very reasonably as there is not much prospect for royalties, just have to ask the owner, whomever it may be.
10-4, leasing option would be last resort to tie up or at least have a say in surface access to the tract in the short term. But as stated, if i'm going to the trouble of figuring out who the mineral owners are i'd try to buy the minerals first and foremost.
This post was edited on 4/20/17 at 10:24 am
Posted by broadhead
Member since Oct 2014
2116 posts
Posted on 4/20/17 at 11:28 am to
Call David Wilkerson at Wilkerson and Crawford Attorney. They are in Woodville and have extensive knowledge on land use in MS.

6018883102
Posted by SM6
Georgia
Member since Jul 2008
8800 posts
Posted on 4/20/17 at 3:00 pm to
quote:

Weyerhaeuser


Fun fact, former LSU Chancellor/current NCAA softy Mark Emmert is on their board.
Posted by Sparetime
Lookin down at La
Member since Sep 2014
890 posts
Posted on 4/20/17 at 9:04 pm to
David is gonna tell you the same thing cave canem is saying. In MS, mineral rights take precedence to surface ownership if there is an active play being pursued. They will pay to return the surface to it's original condition or pay you the damage that they have caused within reason. They want to drill in your living room, they will pay you for the house and clear it.
Posted by Strannix
District 11
Member since Dec 2012
48969 posts
Posted on 4/20/17 at 9:39 pm to
Where is it? Most of MS and LA is mapped geologically, the Tuscaloosa shale is dead for next 50-100 years, you probably don't have much to worry about.
Posted by bayoudude
Member since Dec 2007
24962 posts
Posted on 4/21/17 at 7:09 am to
quote:

Tuscaloosa shale is dead for next 50-100 years, you probably don't have much to worry about.


There are only a couple wells that I was able to locate in the entire county and none of them produced anything of note the last couple years. It really isn't a big oil and gas area my main concern were some of the other things listed. I asked for clay and limestone to be excluded along with the sand and gravel. I was much more worried about those being harvested than a hole punched.
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