Oil and Gas at Your Door? (2005 Edition) - Earthworks

Tips for Landowners
3. Stand your ground. Some landmen may use intimidation tactics or threats to pressure you
into signing an agreement. For more information on intimidation tactics, see the story
“Threats and Intimidation: This is Negotiation?” and also Peggy Hocutt’s story, in Chapter
IV.
4. Put together a list of issues important to you before you begin negotiating with the landman.
Remember, everything except your name and the legal description of the property is
negotiable.
5. At any meeting with a landman, document as much as you can. Take notes, or better yet,
tape record your meetings. Or have someone else sit in as a witness.
6. Understand who it is you are dealing with. Research the oil or gas company’s track record.
Talk with neighbors and other landowners who have had to deal with the same company.
Find out, if you can, details of agreements reached between the company and other surface
owners (e.g., if they offered to test your neighbor’s well water, they should do the
same for you).
• The Colorado Oil and Gas Conservation Commission (COGCC) maintains a database
of incidents and complaints. You can look up information on a specific company, e.g.,
how many violations they have had, and how the company responded to complaints.
Also, the database has information on inspections, notices of alleged violations, and
spills. It can be found at the COGCC website, under “Database.” (http://oilgas.state.co.us/).
There may be similar databases in other states. Contact your state
agencies to find out.
7. Consider signing a lease or negotiating a Surface Use Agreement (both are discussed
below). If you are going to sign a lease, consider negotiating the Surface Use Agreement
either before or at the same time that you negotiate the lease.
Knowing Your Landman
You may want to ask your landman if he or she is a certified landman, and whether or not he
or she belongs to any professional landmen associations, the largest one being the American
Association of Professional Landmen (AAPL). Many of these associations have codes of
ethics that landmen agree to follow. For example, the AAPL Code of Ethics state that:
The Land Professional, in his dealings with landowners, industry parties, and others
outside the industry, shall conduct himself in a manner consistent with fairness and
honesty, such as to maintain the respect of the public.
If you believe that the land professional has used intimidation tactics, or has lied to you during
the negotiations, you should call the landman’s association and report the incident. For example,
the AAPL has an Ethics Committee to which you may direct complaints. Their address is:
American Association of Professional Landmen. Ethics Committee. 4100 Fossil Creek Blvd.
Fort Worth, TX 76137. Phone: 817-847-7700.
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