This article from the Pittsburgh Post-Gazette describes a royalty owner’s experience with Chesapeake Energy. In short, Chesapeake ignored a lease clause stating that no deductions would be taken from the royalties.
This owner’s experience is very common. Chesapeake is known for taking post-production costs out of royalties, even when the lease explicitly says they can’t.
If your minerals have been produced by Chesapeake, you should take a look at your check stubs. You will probably find that post-production costs have been taken out.
Here in West Virginia, the only costs that can be taken out are those that have been specified in the lease and for which a method for calculating them has been shown in the lease. See Tawney v. Columbia Natural Resources. Most leases don’t meet this standard. Most companies shouldn’t be deducting post-production costs.
Chesapeake isn’t the only company that will deduct post-production costs when they’re not supposed to. Our office recently got Antero Resources to pay out close to a quarter million dollars in post-production costs they weren’t supposed to deduct. We didn’t even have to go to court for that one.
If you suspect that post-production costs have been deducted from your royalties and you can’t work out the issue with the producing company, give us a call and we’ll help you out. 304-473-1403.