Fleased

NYS Assistant Attorney General Mike Danaher will speak on Landowners’ Rights Regarding Oil & Gas Leases at Cornell Cooperative Extension of Tompkins County’s monthly Consumer Issues Program this month.  He will help consumers understand what the terms mean, how to evaluate offers and what negotiating rights the consumer has.  The program will be held on Thursday, February 9th at 11 AM.

Following the presentation consumers will have the opportunity to consult individually with Attorney Danaher regarding consumer issues they have been unsuccessful resolving locally.  This program, which is free and open to the public, will be held at the Cooperative Extension Office at 615 Willow Avenue, Ithaca, NY.

For more information about the program and what information a consumer needs to bring to a consultation call the Consumer HelpLine at 272-2292 weekdays.  No advance registration is required.

Parking information: The Cooperative Extension Office has a small lot in front of the building. If there are no spaces, street parking on Willow Avenue or West Lincoln Street is available.  Click here for a map: http://g.co/maps/yptvu

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Compulsory Integration Video Now Available Online

         Almost 150 people attended an information session at the Dryden Fire Hall on November 14th to hear a panel of experts discuss Compulsory Integration, a provision of New York State’s mining law that allows energy companies to remove natural gas from properties although the landowner has not signed a drilling lease.  That presentation and the question-and-answer period that followed were videotaped by Cris McConkey and now can be accessed online, along with handouts from the session and additional resources, at http://ccetompkins.org/gaslibrary.

Topics covered at the presentation include an explanation of Compulsory Integration (CI) and its legislative history; an overview of CI hearings and rights; impacts of CI on your land rights and how CI could affect your ability to obtain mortgages and loans.  Speakers included:  Barbara Lifton (NY State Assembly, 125th District); Kenneth Holden of Hancock Estabrook, a Syracuse attorney with natural gas leasing experience who has represented clients at CI hearings; Greg May, vice-president for Residential Mortgage Lending at Tompkins Trust Company; Carol Chock, TC Legislator and member of the TC Council of Governments Gas Drilling Taskforces Committee on Land Values/Assessment; and Nancy Larraine Hoffmann, farmer, spokesperson for Land Stewards of NY, and former NY State Senator.  The public information session was presented by Cornell Cooperative Extension of Tompkins County in cooperation with Fleased.

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FLEASED GENERAL MEETING

Click here for meeting flier

PLEASE JOIN US!

December 4th, 2-4 PM
Dryden Fire Hall
26 North St, Dryden
Presenters
Ellen Harrison, Fleased Director
Joe Heath, General Counsel for the Onondaga Nation and environmental attorney
We will also be joined by
Michael Danaher and Dennis McCabe from the Office of the Attorney General

Bring your lease and get your questions answered!

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November 14, 7:00-9:00
Dryden Fire Hall, 26 North Street, Dryden, NY

Energy companies may be able to remove natural gas from your property even if you haven’t signed a drilling lease due to the Compulsory Integration  provisions of the New York Oil, Gas and Solution Mining Law.

The public is invited to learn more about this topic and to ask questions at a free, educational forum on Monday, November 14 at the Dryden Fire Hall, 26 North Street in Dryden.   Doors will open at 6:30 and presentations begin at 7:00 p.m.  Presentations will be followed by question-and-answer period.

Topics to be covered include: an explanation of Compulsory Integration (CI) and its legislative history; an overview of compulsory integration hearings and your rights; impacts of CI on your land rights and how CI could affect your ability to obtain mortgages and loans.

Presenters include: NY State Assemblywoman Barbara Lifton (125th District); Kenneth Holden, Esquire with Hancock Estabrook in Syracuse, who has extensive experience in natural gas leasing and an attorney and who has represented clients at compulsory integration hearings; and Nancy Larraine Hoffmann, farmer, spokesperson for Land Stewards of NY and former NY State Senator; Carol Chock, Tompkins County legislator and Chair of the Assessment and Land Values Committee of the Tompkins County Council of Government Task Force on Gas Drilling.

This forum is sponsored by the Cornell Cooperative Extension of Tompkins County and Fleased. For more information contact Sharon Anderson, Cooperative Extension of Tompkins County at 607-272-2292 or Ellen Harrison at 607 539-7133 .

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Gas Lease Workshop on Force Majeure and Lease Termination
May 12, 7-9 PM
Dryden Fire Hall
26 North Street

Two attorneys will cover issues of force  majeure and lease termination, for people who have signed gas drilling leases. Presenters will be Chris Denton, an Elmira attorney with extensive  experience in gas leasing issues, who works with clients who have received Force Majeure letters from gas companies. Denton is advising the Joint Landowner Coalition on a draft lease document protective of landowners.  Denton will talk about Force Majeure and what to do if you get such a letter from  the gas company claiming that the lease is extended.  The second presenter is attorney Joe Heath who  will talk about lease termination, and what to do to clear your title if your lease has terminated but the gas company has not filed papers  with the county clerk clearing your title. They will be joined by landowner Mike Bosetti who recently went through this process to clear his title.  Joe and Mike are members of GDACC.

Download and post a promotional flier at: http://ccetompkins.org/sites/all/files/63/force-majeure-flier-5-12.pdf

Contact fleasedny@gmail.com with any questions.
Co-sponsored by Fleased (http://fleased.org/)  and Cornell Cooperative Extension of Tompkins County

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The information contained herein is provided “as is,” is for educational
and information purposes only, and does not provide legal advice on
any specific legal matter or factual situation. Legal advice is dependent
on the specific circumstances of each situation, so some information
may not be correct for your situation. This information is not intended
to create or provide a lawyer-client relationship. No one should act on
this advice without seeking professional counsel. This information is
not soliciting clients for legal work. This information is provided at
your sole risk. There is no warranty of any kind, express or implied.
Therefore, this information is not a substitute for and cannot replace
the advice of your own legal counsel. If you choose to hire a lawyer, be sure that lawyer has specific and extensive experience in negotiating gas leases.

These materials were developed by GDACC and Fleased gratefully acknowledges their willingness to share them.

Is there a gas lease on your land that is about to expire?  If so, we urge you to stop, consider, and act carefully on your own behalf.

If the expiration date of your lease is near, and you decide that a gas lease does not work for you at this time, do not sign and deposit or cash any check sent by the leasing company, and do not allow anyone to pressure you into leasing again. If you decide to let your lease expire, there are actions you need to take to ensure its expiration.

Although the information was compiled by an experienced environmental attorney, and can legally be used to effectively terminate an expired lease, you may want to consult your own attorney before taking action.

The Lease Termination Packet linked on the “Resources” page contains:

A)  instructions on how to use the information to put a legal end to your expired lease

B) excerpts of the appropriate sections of the New York General Obligations Law 15-404

C) sample Notice Letter,

D) sample Affidavit of Service

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The information contained herein is provided “as is,” is for educational
and information purposes only, and does not provide legal advice on
any specific legal matter or factual situation. Legal advice is dependent
on the specific circumstances of each situation, so some information
may not be correct for your situation. This information is not intended
to create or provide a lawyer-client relationship. No one should act on
this advice without seeking professional counsel. This information is
not soliciting clients for legal work. This information is provided at
your sole risk. There is no warranty of any kind, express or implied.

Therefore, this information is not a substitute for and cannot replace
the advice of your own legal counsel.

Many lessors (people who’s land is leased) in New York State have received letters from the gas company leasing their land that claim that the lease will be extended through a clause known as “force majeure.”  The claim is based on the Executive Order issued by the Governor (EO 41) that addresses the issuance of permits for horizontal drilling combined with high-volume hydraulic fracturing.

There are reasons that the assertion of lease extension can be challenged.  The primary reason is that gas companies are not precluded from developing mineral resources using other technologies.  A lengthy letter that explains the arguments against the force majeure claim is available on the “Resources” page of this site.

Lessors wishing to challenge the force majeure claim should notify the gas company (see “Resources” page) by certified mail with a return receipt to prove the company received the letter.  This is important since the legal system will assume that you agree unless you register your objection.  Letting the NYS Attorney General Schneiderman know about what is going on by copying him on such a letter could help raise his awareness and his office might take some action.  His address is shown on the template letter.

Do not cash any checks that the company sends to you. That would indicate your agreement.

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Fleased will be meeting in early February at a location and time to be determined.  Check back here or contact us at fleasedny@gmail.com for more information.

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