AboutJames H. McConnell, CPL Expertise I will attempt to answer questions about the oil & gas Lease, minerals, royalties, easements, servitudes, offers to lease or sell minerals and other questions related to exploration and production of oil and gas in America. I will only answer questions from the owner or authorized representative of the interest, not the in-laws or grandchildren second guessing the owner.
Include the state, county/parish, section, range and township or I will reject the question. In Texas include the Survey name or number and abstract number.
Offer to sell or lease questions must include the offer, including but not limited to the amount of money for bonus or sales offer, the amount or royalty in a lease and the term of the lease. If it doesn't, I will reject it.
Do not ask me questions about hypothetical wells, average wells, or average anything. Nothing in the oil & gas industry is average. Don't ask me inane questions that could be answered with a Google search. I am not here to entertain you or your fantasy. I am here to answer questions from mineral and royalty owners with legitimate questions. I do not have ESP, nor am I clairvoyant. If you do not have the time to think out and write a question that can be answered with the information provided, I do not have the time to try to answer it.
I will not elaborate on the legal and administrative processes mentioned in my answers. I can't teach law in a paragraph.
Experience I have been a Professional Landman for more than thirty five years. I have drilled and operated oil & gas wells in Louisiana and Texas and an familiar with the rules and Regulations of the Texas Railroad Commission and the Louisiana Department of Conservation. I have testified in court as an expert witness.
Expert: James H. McConnell, CPL Date: 5/4/2008 Subject: Gas lease - Comapny not acting in Good Faith
Question I know your knowledge is limited in this area, but everyone else is out so I hope you could give this shot.
I live in Texas. I signed lease with Llano Royalty, LLC in July of 2007. Up until about three weeks ago, they did not pay any signing bonus. Since then I signed with another company. So now, nine months later, Llano wants to pay me! And as I have found out, its because LLano is trying to sell my lease to the company I signed with the second time!
The check was not sent certified so Llano has no proof that they paid me.
The new lease I singed with the second company (Hillwood Energy) gave me a bank draft at the time of the signing.
Llano has my lease document recorded in the Tarrant county court house.
I have sent a "demand release" letter to Llano stating they release my document (sent it certified with return receipt).
Otherwise I have threatened to take legal action against them.
This proves that Llano did not act in "good faith" and had no intentions of drilling, only to low-ball me and to sell my lease for a profit. What a bunch of low class people.
Do I have a case?
Answer You had a very good case for nine months or so. A contract is not valid until consideration is paid. I bet Llano didn't give you any cash and you did not give them a receipt for cash, so no consideration was given for the lease. With an easy case for title trespass against Llano, you then execute another lease for no consideration. How do you plan on explaining that to a Judge? The first thing you do is stop doing anything. Do not return phone calls to either company and hire an attorney to straighten this out for you. It will cost you your bonus money, but you didn't ever worry about that anyway.
Try paying your bills with a bank draft. Make them give you a check the next time you do any deal.
