Landowner Protections in Pipeline Easements
- July 5, 2011 | By Alan D. Wenger | Oil & Gas
With expected increased shale drilling come offers for pipeline easements. Pipelines are used for transporting well products, as well as potentially other drilling fluids. The typical industry right of way or easement document is slanted in favor of the grantee…
Beware of Buyers of Mineral Rights; Purchase Offers May Bring Major Risks
- June 7, 2011 | By Alan D. Wenger | Oil & Gas
There are companies going around offering to purchase mineral rights from landowners who may already have an existing oil and gas lease on their property. For a property owner stuck with an older oil and gas lease that predated the…
Seek Qualified Counsel For Tax Strategy On Oil & Gas Lease Bonuses
- May 25, 2011 | By Alan D. Wenger | Estate Planning
As property owners who have successfully negotiated an oil and gas lease receive the welcome bonus check, it is only natural to want to avoid paying taxes to the extent legally possible. The tax impact of a bonus payment will…
Oil & Gas Leases: ‘Lessor's Consent Not Unreasonably Withheld'
- January 26, 2011 | By Alan D. Wenger | Oil & Gas
Many oil and gas leases appear to give the property owner a right to give or withhold prior consent to various actions that might be taken by a lessee. These would include the location of roads, pipelines, wells, or other…
If Asked to ‘Confirm' Existing Oil and Gas Lease, Beware
- January 26, 2011 | By Alan D. Wenger | Oil & Gas
Many lessors with existing leases have in recent months received requests from lessees to confirm, restate, reform, reestablish, clarify, grant “surface rights” (or other labels) as to their existing leases. Usually these existing leases are 2006 or later vintage, and…
Standard-Form Oil & Gas Leases Should Leave You Disturbed
- January 26, 2011 | By Alan D. Wenger | Oil & Gas
Anyone who has been presented a standard-form oil and gas lease, and reads it, should recognize how one-sided and biased the standard leases are in favor of the lessee drilling company. An apt acronym reflecting many of the ways the…
Nursing Home Moves Raise Critical Issues
- December 15, 2008 | By Neil H. Maxwell | Estate Planning
Many families must rely on the U.S. government's Medicaid program to pay the costs of a loved one's lodging and care at a nursing home. Qualifying for Medicaid can be a difficult process, full of financial, legal and emotional challenges….
Promptness, Care Drive Best Results After Car Accident
- October 1, 2008 | By John T. Dellick | Litigation
Nationally, there are approximately six million or more motor vehicle crashes each year. Each of these collisions involves one or more legal issues. Under the specific facts of the accident, the issues of law may be well-established and straightforward or…
Hidden Risks Lurk In Some Form Contracts
- May 15, 2008 | By John T. Dellick | Business & Employment, Litigation
As a matter of convenience, cost savings or industry practice, many parties confirm their agreement through pre-printed form contracts. Properly prepared form agreements are intended to be used in limited and generally routine transactions. However, the use of the wrong…
Before Discipline, Consider These 10 Tough Questions
- September 1, 2007 | By Alan D. Wenger | Business & Employment
Nearly every employer faces the need to discipline or discharge an employee. Often the facts and circumstances are not so clear and simple, and questions arise as to whether the employer is following correct procedures to avoid getting into legal…