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Texas Sharon's Bluedaze

Fracking News

Rule 37: Protect your rights with timely response

June 25, 2010 By TXsharon

The Texas Railroad Commission is not landowner friendly so you need to be diligent in protecting your rights. CLICK HERE for information on Rule 37 and how to protect your rights.

Most people know that an operator cannot drill under their land without a lease, but do not understand what an application for Rule 37 exception is, nor what can happen if they receive notice and fail to protest. Unless a protest it timely received as a result of the notice, then the operator will be granted the Rule 37 exception. Upon the granting of the exception, the operator has the authority to drill the well and has little or no incentive at that point to lease the landowner’s property.

About Sharon Wilson

Sharon Wilson is considered a leading citizen expert on the impacts of shale oil and gas extraction. She is the go-to person whether it’s top EPA officials from D.C., national and international news networks, or residents facing the shock of eminent domain and the devastating environmental effects of natural gas development in their backyards.

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Filed Under: Rule 37, Texas Railroad Commission

Comments

  1. Anonymous says

    June 26, 2010 at 4:50 am

    When the RRC tries to take my minerals away, I am going down to Austin and tell them to KMA to their faces. I'm tired of paying money to an organization that is constantly trying to screw the people they are paid to protect. If they are going to be bed fellows with industry, then let industry pay for the cost. Then you've got elected officals like the Mayor of Dallas saying that "Texas has no business income tax" – ok, but it does have this thing called a "franchise tax" which has a "revenue" component. Ok, it's not an "income" tax, that is against the Texas constitution, so they call it something else. Well, there's a nice little thing in the constitution that is going to turn the Barnett Shale on its ass. They know what it is, and they are afraid someone is going to challenge it. So, keep it up with your Rule 37 exceptions and all the other games. You are getting flanked on both sides on this one, lefties and righties, only you don't see the right coming and that is going to be the one that knocks you out.

  2. Anonymous says

    June 26, 2010 at 1:40 pm

    11:50 pm: Please clarify what you are saying. I got lost and I am really trying to understand your thoughts!

    Thanks –

  3. TXsharon says

    June 26, 2010 at 2:25 pm

    Ditto. I got lost too.

  4. iSeeker says

    October 1, 2010 at 2:24 pm

    TXsharon – your "CLICK HERE" link does not seem to be working. Also, you seem to be saying that if Titan receives the Rule 37 exception then they would have the right to drill under my home and not pay me for the minerals. Is this correct? If that is the case, I would have signed my lease. Groups such as http://stopthedrilling.blogspot.com/
    have consistently said they would have to pay you if they drilled near you (if you were force pooled). Can you clarify this for me?

  5. TXsharon says

    October 1, 2010 at 3:19 pm

    A friend had an attorney explain it last night and they have to pay you if they drill under you.

  6. iSeeker says

    October 1, 2010 at 4:25 pm

    I don't believe that is the full story. But I believe rule 37 allows them to drill within 1 ft of your house, correct? This means that you would get all of the bad stuff and none of the money.

  7. TXsharon says

    October 1, 2010 at 8:58 pm

    That is not the most recent information I have. But you should consult with an attorney.

  8. belmont says

    August 3, 2011 at 11:46 am

    how can I find out I am included on the July 18, 2011 Rule 37 filed with Chesapeake regarding the Ridglea Hills neighborhood and the Westridge pad site? I am unable to locate the application and view it. Surely this is a public record?

Trackbacks

  1. Stories From the Frontlines: The Crossroads Between Fracking, Tar Sands, Campaign Finance, and Renewable Energy | the Texas Green Report says:
    December 18, 2012 at 7:38 pm

    […] Commission’s willingness to let industry have virtually free reign to frequently use the Rule 37 exemption, allowing them to take a mineral owner’s minerals without a lease and with little if any […]

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