I am not a lawyer and what I have listed below is what I might talk to a lawyer about. You will need to get with a lawyer about the situations you have mentioned and the ones I have mentioned. I have listed the Arkansas General Assembly Web link below so you can look at the code for yourself. Also look on the Arkansas Oil and Gas Commission web site for more rules and regulations that might help you.
http://www.lexisnexis.com/hottopics/arcode/Default.asp
http://www.arkleg.state.ar.us/assembly/2011/2011R/Pages/Home.aspx
The first statue listed below might be used at or after a commission hearing.
15-72-106. Court review by aggrieved person -- Injunction.
15-72-107. Notice prerequisite to temporary restraining order or injunction.
15-72-108. Injunctions for enforcement.
15-72-110. Appeals.
15-72-305. Allocation of production and cost following integration order -- Procedure. (1/8 royalty)
If the company doesn’t let you have a clause in your lease that states you don’t have to pay for any transportation costs, enhancing of product, production costs, etc. you could go to the hearing and try to have the commission put it into your lease.
The law mentions that you have to exhaust all your administrative remedies.
If that fails you might have your lawyer set it for a court date since that same statue mentions that the suit shall have precedence over all other causes, proceedings, or suits on the docket of a different nature and it would be in the circuit court of the county in which the property is involved.
Also under 15-72-110 if an appeal is made to the Supreme Court the appeal shall take precedence over other cases on the docket.
Also under 15-72-305 the mineral owner that is forced integrated is suppose to get 1/8 royalty and Marketability of title is mentioned.
There is an ongoing lawsuit about the “forced integrated” 1/8 royalty and production costs.
Maybe your lawyer and the lawyer of that suit could possibly get together and see if it is possible to join suits and put them on the front burner of the courts to help your case in some way.
This might give you an option for a different lawyer too.
The Arkansas NARO President would probably have more information about the ongoing lawsuit. He could possibly give you more information.
The link below is about the suit on the NARO site.
http://www.naro-us.org/Default.aspx?pageId=697379&mode=MessageList&eid=743402
As far as the clause in the lease for warranty and define title, I don’t see how even the Oil and Gas Commission can force that clause on a citizen, since you can use various titles to sell your property, like a quit claim title in which you don’t defend or warranty title. This would go into title laws and might be another objection I would raise to my lawyer before the hearing.
I would also look at leases in the area and see if they have active leases with the conditions you mentioned, in and out of your section. If they do, you might want to bring that to your lawyer’s attention and the commissions.
I have listed some other codes you might want to read below.
15-73-201. Lease extended by production -- Scope.
The Fayetteville shale area is I believe in a controlled field, 15-73-201 shows you your rights as far as wording in a lease, which would protect your rights to be held by production in other sections or tracts.
15-73-203. Forfeiture of oil, gas, or mineral leases
15-72-203. Prerequisite to exploring or drilling -- Notice to surface owner.
15-72-210. Gas leaks in pipelines, machinery, etc.
15-72-213. Surface owner's lien for damages caused by operator neglect.
15-72-214. Surface owner's claim for damages caused by operator neglect.
15-72-219. Compensation of surface owners and surface tenants for damages -- Restoration of land.
