Approved for 7.0 hours of CLE credit, including 1.0 hour of ethics & professionalism in Kansas and Missouri.
2019 Spring Oil, Gas & Mineral Law CLE
Friday, March 8, 2019
Smoky Hill Country Club, Hays
8:00 a.m. Check-in & Hot Breakfast
8:30 a.m. Problems Interpreting Wellbore Assignments
Professor David Pierce, Washburn University School of Law, Topeka
“A assigns to B [described oil and gas leases] INSOFAR AND ONLY INSOFAR as said leases cover rights in the wellbore of the Hillard 1-30 Well.” What does that mean? Professor Pierce explores interpretive issues associated with wellbore assignments and offers advice on drafting wellbore assignments.
9:20 a.m. Oil & Gas Tax
Corey Moomaw, Foulston, Siefkin, Wichita
This presentation provides an overview of state and federal taxation of the oil and gas industry. The presentation begins with a discussion of Kansas taxes, with an emphasis on the ad valorem tax. The remainder of the presentation will walk through the life-cycle of an oil and gas lease and discuss the federal income tax consequences of lease acquisitions, drilling and production activities, recovery of lease investment costs, and conveyances or other dispositions of mineral interests. Special emphasis will be placed on the treatment of intangible drilling costs, depletion, and the pool of capital doctrine.
10:10 a.m. Break
10:20 a.m. Securities Regulation
Roger Walter, Morris Laing Brock & Kennedy Chtd., Topeka
11:10 a.m. You've Always Had the Power, Dorothy: Administrative "Pooling" in Kansas
Anthony T. Hunter, Attorney at Law, Wichita
Several times in the past, arguments have been raised (and usually shouted down or ignored) that Kansas’ unitization statute can be applied to situations which would generally call for a compulsory pooling procedure in most oil-producing states. However, there is no specific “forced pooling” statute on the books in the Sunflower State. But it should be possible to demonstrate to the regulatory agency that its statutory duty to prevent waste and protect correlative rights gives it the authority to enter an order compelling cooperative development of a hydrocarbon resource. Based on requirements and practice in other states and a reading of the Kansas statute, what would such an application before the Kansas Corporation Commission look like? What would be the applicant’s burden of persuasion? What are some potential use cases?
12:00 p.m. Lunch (provided)
1:00 p.m. Estate Planning and Probate Solutions for Oil and Gas Interests
Lane R. Palmateer, Law Office of Lane R. Palmateer, Wichita
This segment will provide an introduction to basic estate planning concepts that can be used to avoid problems with oil and gas conveyances after death. It will also describe probate procedures that can be used to resolve problems after the owner has deceased. Both in planning and in the later resolutions, the discussion will focus on the various types of interests that can be affected, for example fee ownership of minerals, terminated life estates and remainder interests, transfer on death interests, ownership in a corporate entity, and personal property. Discussion will include estimates of the cost and time involved for each type of process.
1:50 p.m. Wind and Solar Leases
Roger Theis, Morris Laing Et Al., Wichita
This portion of the seminar will cover contract provisions of particular importance to landowners in wind and solar leases. The topics included are the primary terms of the lease and how to negotiate those terms from the landowner and energy company’s viewpoint and the impact and encumbrance of the lease on the environment and surrounding land holdings.
2:40 p.m. Break
2:50 p.m. Selling Your Practice Without Selling Your Soul: The Ethical Implications With Selling Your Law Practice
Frank W. Basgall, Stinson Leonard Street LLP, Wichita
The presentation will walk-through each rule from the Kansas Rules of Professional Conduct and explain how that rule is implicated when a lawyer desires to sell their practice. Frank will then provide specific fact patterns from ABA opinions and discuss with the group how to appropriately resolve each problem. The presentation will end with a short Q&A segment.
3:40 p.m. Adjourned
More Information to come as it becomes available
For a printed paper registration form CLICK HERE
~~ Lunch is included in registration fee ~~
KBA OGM Law Section Member- $225
KIOGA/EKOGA/WAPL Member Registration- $225
Young Lawyer Section Member- $235
KBA Member Registration- $275
Non-member Registration- $380
Paralegal Registration- $205
Student Registration- $25
Paper Materials (optional)- $30
Professor David Pierce
Room Block Information:
Sleeping rooms at the Fairfield Inn Marriott are available to program participants for the night before the program at a rate of $119 per night plus tax.
Call 785-625-3344 and let the operator know you want to make reservation under the Kansas Bar Association room block to receive the special rate.
The last day to make reservations at this rate is Monday, Feb. 15. Please note, after that time the hotel may not honor the $119 rate.