In this article, you will discover: How operations clauses impact land use after lease expiration in West Virginia Whether oil or gas leases can be extended without a landowner’s consent in West Virginia Terms to include in an oil or gas lease extension clause in West Virginia What Should West Virginia Landowners Do When Their Oil Or Gas Lease Expires? There are a few different ways a lease can expire. Suppose an oil and gas company takes a lease with a primary term of five years, and there's no development you're aware of. You should request a release from the company, which they will hopefully provide. That release can then be recorded in the courthouse and serve as notice to anyone that the lease is terminated. The other way a lease expires is due to…Read More
In this article, you will discover: The difference between surface use and non-surface use agreements Damages contemplated by West Virginia Surface Damage Agreements How to protect your property during oil and gas development in West Virginia What Are Surface Use And Non-Surface Use Agreements In An Oil And Gas Lease? In an oil and gas lease, you have either a non-surface use agreement or a surface use agreement. Non-surface use means the lessee is not allowed to use the surface at all; surface use means they are allowed to use it. Unless and until a company requests to use the surface for a particular reason, you typically want to make your lease for non-surface use. If the company is allowed to use the surface, you’ll want to negotiate that separately. You’ll typically give the company…Read More
If you are like most people, you have never seen an oil and gas lease before. So, naturally, you’ll want to know how much you’ll be paid for the natural resources on your land and if what the company is offering is fair. Many people also want to know what kind of liability they are assuming by signing the lease – before they agree to its terms. In this article we’ll break down the key concepts of oil and gas leases so that you can decide how to move forward with confidence. Keep reading to learn more about… The terms your West Virginia oil and gas lease should include. How "pooling" comes into play in drilling, and how it could impact you. What to do if an oil and gas company breaches the terms of…Read More
In this article, you can discover… The importance of understanding and verifying your mineral rights. The risks of accepting an oil and gas company’s initial offer. How an experienced attorney can help you negotiate successfully. 1. Not Verifying Ownership Of Your Mineral Rights Before Negotiating Your ownership percentage or the number of net mineral acres that you own will significantly impact your bargaining position. The more interest you have, generally, the better a bargaining position you are in. This is especially important, as within the last several years in West Virginia, laws have been passed that strongly favor oil and gas companies and place minority interest owners at a disadvantage. The “West Virginia Cotenancy Modernization and Majority Protection” Act and the “Force Pooling” Act both enable gas companies to underpay owners in certain circumstances. Understanding…Read More
In this article, you can discover… How to determine if you’ve been wrongfully terminated in West Virginia. The documents you’ll need to prove a wrongful termination. How an experienced employment law attorney can help you navigate your case. What Qualifies As Wrongful Termination Under West Virginia Law? A wrongful termination is a termination of your employment that is illegal as opposed to simply unfair. If you are terminated because of your age, race, national origin, familial status, or because of a disability, this termination would be illegal and, therefore, wrongful. Wrongful termination can also encompass retaliatory firing due to your filing a Worker's Compensation claim or being a whistleblower. For example, if you complain about illegal or unsafe conditions in your workplace and are let go, you have the right to file a wrongful termination…Read More
In this article, you can discover… The important forms of evidence that can help prove wrongful termination. How to properly document interactions with your employer and workplace changes. The role of witness testimony in your wrongful termination case. What Are The Key Forms Of Evidence In A Wrongful Termination Case In West Virginia? Tangible communications between yourself and your employer are always helpful. These can include emails, letters, and even text messages. Were you given a reason in writing for your termination? Hold onto it. Copies of employee handbooks are also useful, as these can help determine if company policies or rules were broken when management handled your case. If you filed an unemployment compensation claim, you and your attorney can request a complete copy of that claim file from “Workforce West Virginia”. In this…Read More
In addition to assisting those injured while working in the oilfields, we counsel clients on mineral or surface ownership issues. We have been active in the field since the earliest days of the Marcellus and Utica Shale Plays in West Virginia, Ohio and Pennsylvania. In the past, our lawyers have represented major oil and gas producers and leading independents. Since 2015, we have dedicated our efforts exclusively to representing mineral owners. Odds are, we have handled a situation like yours. With Hansberry & Wagoner, PLLC, there is no cost for an initial consultation and we typically handle matters on a contingency fee. There is nothing to lose by contacting us to discuss your case. If you need our help, call or text (304) 443-5763 (Morgantown) | (304) 898-0291 (Bridgeport) or contact us for a free…Read More
The “Me Too” Movement of 2017 and 2018 highlighted the many hurdles women face in the workplace. Unfortunately, real change is often advanced only after real tragedy. Just as Anita Thomas’ testimony helped strengthen sexual harassment laws in the 1990s, the Me Too Movement has given the victims of sexual harassment a renewed voice and strengthened our society’s resolve to hold harassers accountable. In this post we hope to explain what typically constitutes sexual harassment and what you can do about it if you are a victim. What Are The Types Of Sexual Harassment? Sexual harassment is prohibited under both federal and state laws. At Hansberry & Wagoner, PLLC we practice in West Virginia, Pennsylvania, D.C., Maryland and Ohio. While there are some variations among the states, and between the federal laws and those of…Read More
When you hire a personal injury law firm, you want to know it has the experience needed to get you the compensation you need to put your life back in order, to the extent that’s possible. While every case is different, and you cannot infer what we can do for you from what we’ve obtained for previous clients, we feel our accomplishments show how hard we work to get the best results possible for everyone we try to help: Defective Drug Death Obtained the maximum six-figure settlement amounts from insurance carriers and a drug manufacturer for the family of a motorcycle rider injured in a motorcycle accident who later died as a result of an allegedly defective drug. Car and Truck Accidents Obtained settlement in excess of $600,000 for a man suffering multiple fractures following…Read More
Undoubtedly, at some point in time, every driver has become frustrated while driving. Whether frustrations stem from other drivers’ behavior, traffic congestion, or roadway conditions, drivers remain responsible for keeping their cool while operating a motor vehicle. Sometimes, unfortunately, drivers’ anger may get the best of them, leading to aggressive or angry driving behaviors that put everyone on the roadway in danger. If a driver’s road rage contributed to an accident that resulted in injuries, injured victims may be able to recover compensation. If this happened to you, feel free to contact us for a free consultation and case evaluation. What Is Road Rage? Road rage, also referred to as aggressive driving, is a broad term encompassing any heightened anger experienced by a driver while operating a motor vehicle. Drivers may exhibit road rage through…Read More
