Many readers of this column experience the tremendous religious freedom that we have in America. In addition to worshiping where and how we like, many also enjoy exemptions from civic duties such as mandatory school attendance after 8th grade, jury service, worker’s compensation and other government requirements. Although we all do have to pay taxes!
This article is the second in a series discussing other ways of resolving disputes as alternatives to litigation. Last month, we discussed arbitration. This month, we deal with mediation.
I remember attending a speech by the late Chief Justice of the Ohio Supreme Court, Tom Moyer, during which he discussed the basic function of lawyers and judges. He said, “We resolve disputes.”
Much of our practice has been devoted to representing landowners on issues involving oil and gas leases. In the next several articles I will discuss some key concepts that may help make more sense of this challenging field.
The difference between ownership of mineral rights and leasing of mineral rights is one that often confuses landowners and even lawyers. The ownership of the minerals beneath your land is usually part of your ownership of the land as a whole.
The questions deals with the land-owner’s royalty interest in production from an oil and gas lease. Historically, this interest was 1/8 (12.5%) of the net production from a well or wells leased by the landowner. Note that the royalty is a net amount. This allows the producer to subtract production costs from the gross or total production before dividing the proceeds with the landowner.
Most of our families have family doctors, dentists, chiropractors and other professionals. But why should a family have a lawyer? Most of us want to avoid lawyers and only hire one if absolutely needed.