Advanced Landman
June 12-13, 2018
Denver, CO

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Overview

If this event is of interest you may also be interested in Landman A- Z, June 11 – 12 in Denver

This course is designed for practicing landmen who want a deeper knowledge of the basic documents which are common in the industry and how those documents work together in the perfection of title.

The course will focus on using the best practices while mitigating the common challenges incurred in the landman profession. The course will also afford attendees the opportunity to develop better negotiating skills and gain hands-on experience calculating and examining the importance of before payout (BPO) and after payout (APO) interests, as well as negotiating and preparing joint operating and farmout agreements . Additional instruction on applying the ethics and code of professional conduct of the landmen will be given. Furthermore, throughout the course, there will be tips on successful negotiation and avoiding pitfalls which many landmen have experienced.

Learning Outcomes  

Attendees to this course will: 

  • Examine title issues which arise in the application of land practices
  • Interpret Title Opinions
  • Prepare and evaluate the necessity of various curative instruments
  • Improve negotiation skills
  • Negotiate and prepare farmout agreements
  • Negotiate, prepare and explain the basics of the Joint Operating Agreement
  • Anticipate and mediate troublesome issues in the ownership of mineral rights
  • Discuss the acquisition of Right of Way and prepare for Eminent Domain proceedings
  • Explain the importance of Mortgages
  • Calculate and examine the importance of BPO and APO interests
  • Discuss various tax implications of acquisition, divestiture and exploration
  • Appreciate the fundamentals of offshore land management
  • Apply the ethics and code of professional conduct of the landman

Credits

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EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 1.0 CEUs for this event.

 

Requirements for Successful Completion of Program 

Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit. 

Instructional Methods 

PowerPoint presentations will be used in this program. 

Agenda

Tuesday, June 12, 2018  

12:30 – 1:00 p.m. :: Registration & Continental Breakfast

1:00 – 5:00 p.m. :: Course Timing


Title Issues

  • Legal Title and Equitable Title
  • Grantor, Grantee
  • Types of Deeds
    • Fee Simple
    • Surface Interest
    • Mineral Interest
    • Royalty Interest
    • Future Interest
    • Reversionary Deed
  • Community Property and Separate Property
  • Tenancy in Common and Joint Tenancy
  • Possessory Interest
  • Mineral Deeds
  • Royalty Deeds
  • Surface Interest
  • Leasehold Interest
  • Future Interests
  • Executive Rights

Title Opinions

  • Types of Title Opinions
    • Preliminary Opinion
    • Drilling Opinion
    • Division Order Title Opinion
  • The Value of a Title Opinion

Curative Instruments

  • Ratification
  • Affidavits
  • Stipulation of Interest
  • Disclaimer

Wednesday, June 13, 2018 

8:00 – 8:30 a.m. :: Continental Breakfast

8:30 a.m. – 5:00 p.m. :: Course Timing

12:00 – 1:00 p.m. :: Group Luncheon


Effective Negotiation Skills—Workshop


Farmout Agreements

  • Essential Elements of the Farmout Agreement
  • Negotiable Elements
  • Frequent Challenges in the Farmout Agreement

Operating Agreements

  • The History of the Operating Agreement
  • Available Printed Form Agreements
  • Understanding Key Elements of the Operating Agreement
  • Do I Really Need an Operating Agreement?

Troublesome Issues

  • Life Tenancy and the Open Mines Doctrine
  • Fractional Royalty and Fraction of Royalty
  • Proportionate Reduction Clauses
  • Termination Clauses
  • Unitization Issues

Right of Way and Easements

  • Drafting Right of Way Agreements
  • Eminent Domain

Mortgages

  • Obtaining Subordinations
  • Effect of Foreclosure

Ownership of Groundwater

  • Texas SB 873
  • Navigable Streams

Division Orders—Workshop

  • Before Payout Interests
    • Understanding Why BPO and APO Exist
    • Calculating Before Payout Interests
  • After Payout Interests
    • Calculating After Payout Interests
    • How After Payout Affects the Return on Investment
    • Determining If There is a Conversion Involved

Taxation Issues

  • Tax on Mineral Issues
  • Complete Divestiture of Minerals
  • Tax Issues for Landmen

Offshore Mineral Rights


Ethical Considerations 

Instructor

Jim McGowen, CPL,  Partner,  McGowen & Fowler, PLLC

Mr. McGowen has 30 years’ experience as a Landman and is former President of the American Association of Professional Landmen. Before launching McGowen and Fowler, PLLC, in 2011, he served as the Managing Partner of McGowen & Shaw, PLLC, a firm focused on oil and gas, business entities and general law practice. Prior to that, Mr. McGowen served as Vice President of Petro-Hunt Corporation and Vice President of Land for Placid Oil and Company, both Hunt family companies. His career in oil and gas began back in 1973 as a landman for Koch Industries, after spending a year as a journalism and photography teacher in Oklahoma.

Mr. McGowen is a member of the American Bar Association, graduating from Texas Wesleyan University School of Law in 1998, as well as the American, Dallas, and East Texas Associations of Petroleum Landmen. Mr. McGowen serves as the Chairman of the Wind River Ministries’ Board of Directors and a member of the Board of Directors for Arkleus Broadcasting, Inc. He is also President of the McGowen Foundation.

Location

Courtyard Denver Cherry Creek
1475 S. Colorado Blvd
Denver, CO 80222

To reserve your room, please call 1-303-757-8797 or book online here.
Please indicate that you are with the EUCI group to receive the group rate.

Room Rate:

The room rate is $169.00 single or double plus applicable taxes.

Room Block Dates:

A room block has been reserved for the nights of June 10 – 13, 2018.

Rate Available Until:

Make your reservations prior to May 20, 2018. There are a limited number of rooms available at the conference rate. Please make your reservations early.

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