Oil and Gas Law
Ben Calkins represents landowners, and others, in connection with oil and gas law, agribusiness law, and business, tax and estate planning law.
If you own land and are considering leasing it to an energy company, Ben Calkins can help you evaluate your rights, consider your options, negotiate contracts/leases, monitor the activities of the lessee energy company, and plan for the investment of the eventual proceeds.
Ben Calkins is a graduate of Harvard College, where he majored in Economics, and of the University of Michigan Law School.
Ben Calkins has practiced oil and gas law since 1983, when he joined Squire, Sanders & Dempsey law firm in Cleveland and began representing some of the region's most active energy companies including, but not limited to, Resource Exploration, Inc., ParkOhio Energy, Inc., and Texas Eastern Transmission Company. Ben Calkins has represented many energy companies including, most recently, AB Resources, LLC, which drilled "deep wells" (Marcellus and Utica) throughout Ohio, West Virginia and Pennsylvania and was recently acquired by Chevron. Ben Calkins has also represented numerous property owners in connection with oil and gas leases.
A long-time farmer, Ben Calkins is today focusing his oil and gas practice on representing the landowner and in helping the landowner protect his rights vis-a-vis the energy companies. Ben Calkins assists landowners in protecting their rights and their property, while achieving maximum returns and thereafter investing the proceeds for long-term family prosperity and success.
Ben Calkins is admitted to practice in Ohio, New York and the District of Columbia. Ben Calkins is a member of the American, Ohio, Cleveland and Geauga County Bar Associations. Ben Calkins is also a member of the Ohio Oil and Gas Association and of the Ohio Farm Bureau, the Ohio Sheep Industry Association and the Continental Dorset Club.
Services Offered
Evaluation of Rights to Oil and Gas
Typically the first phase of work is to evaluate the rights of the landowner to the oil and gas under his property. In many/most instances, the property is subject to existing leases (typically for Clinton and/or Medina wells) so we need to determine whether the existing lease remains in effect and whether it gives the lessee the right to drill deep wells to exploit the Marcellus and/or Utica formations on the property.
Clearing Existing Leases
If the property is subject to existing leases that are "dormant" and can be cleared, or that have been breached, we represent the landowner in connection with clearing the existing dormant leases.
Evaluating Options
Assuming the landowner has rights to the oil and gas under his property, we can assist the landowner in evaluating the options available to him. It is very important to pursue options with only reputable energy companies. It is also important to maximize the long-term returns to be received under the lease.
Negotiating Contracts/Leases
We represent the landowner in connection with the contracts/leases to be entered into with the oil and gas companies. In our experience, the "devil is in the details" and it does, in fact, matter what all of the "boiler plate" and "fine print" says and whether /how it protects the rights of the landowner.
Monitoring the Implementation of the Contract(s)/Lease(s)
After the landowner enters into a contract/lease with the energy company, we assist the landowner in monitoring the activities of the energy company to ensure both that the energy company complies with the contract/lease and proceeds safely, and that the energy company pays the landowner everything that the landowner is entitled to.
Plan For Investment of Proceeds
Finally, and importantly, we assist the landowner in planning for the investment of the eventual proceeds. Our expertise in agribusiness, business, tax and estate planning enables us to assist the landowner in planning to minimize the taxes levied on the proceeds and then in investing the proceeds for long-term family prosperity and success.