The Takeoff News for Landmen Published by the Michael Late Benedum Chapter of AAPL September 2011 Issue

The Presidential Address and then contribute hours pared when entering a a week on MLBC events. new area and make sure ―. . . being up Some of our member they understand the cus- companies provide allow- toms, culture, laws and ances for these individuals regulations of the state front and to accomplish our organi- they are working. Many zations tasks while main- will say, ―leasing is leas- taining their heavy work- ing‖ or ―land work is land honest in your loads. To those compa- work‖ wherever you go. nies, we offer a great While the concept is rea- deal of thanks for sup- sonable, the characteris- dealings is porting this organization. tics of each area may be hope everyone had vastly different. It is up I a good time at the Now on to a topic that to the Landmen and the always a September meeting. Ac- continues to arise in our companies employing cording to all accounts, organization and industry, them to seek out these the golf on Mystic Rock, ―Landman Ethics‖. We differences and make good policy.‖ sporting clays at the Field hear all the time that sure they understand them Club and tour at Falling Landmen are using unethi- prior to working in a new waters were fun events. cal tactics, and many area. Knowledge is a We had an enjoyable times, out right lies to push powerful tool for negotia- social time, dinner and or coerce landowners into tions. intriguing speech by Joe executing documents. Hardy. I know the raffle Sometimes, it may be due The issues created from and golf tournament gifts to a lack of understand- unethical behavior can be were a big hit. Many ing, as many of the Land- much farther reaching thanks go out to the spon- man new to this region than just a specific issue sors of this event and our may not be aware of with a landowner. Occa- golf event co-chairman particular state rules, sionally, as has been the Steve Carr and Brandon regulations and statutes. case in recent years, is- Ward for their leader- Or maybe, they simply sues have reached all the ship. don’t ―get‖ the culture of way to state government the region, and this ulti- in the form of potential In order for us to have mately leads them into legislation that could Inside this issue: such a good time, many ―hot water‖ with a land- cause a great upheaval in things had to happen owner. Just because a the way we conduct our The Presidential Address 1 behind the scenes. The certain tactic works in business and make a liv- preparation for all MLBC , Oklahoma or ing. The unlawful practice Secretary’s Report 2 events, big and small, Texas, does not mean it’s of law and licensing sce- take lots of dedication by appropriate in Ohio, narios have taken root in Treasurer’s Report 2 our board members and or West several states causing the volunteers. Many hours of Virginia. Facts are facts, AAPL and its local associ- Golf Outing 3 work go into conceptual- lies are lies, and what ations to wage battle with izing and organizing the- may be the grey area in the states on these issues. Clay Shoot Up-Date 4 se events. Planning between, is sometimes Should state legislators months in advance and hard to explain. But, obtain victory on these AAPL Regional Director’s 5 coordinating the activities being armed with the issues, our livelihood will from beginning to end correct information puts certainly change and a Letter to the Editor 6 take more hours than most you ahead of the game, career as a Landman will Meeting Schedule 7 can imagine. Its almost and being up front and definitely become more like having another job, honest in your dealings is difficult and expensive. Membership 8 and in some cases, it is. always a good policy. Several of our committee members work tireless Landman and their com- hours on their primary job panies should be pre- Con’t p. 2 The Takeoff Page 2

The Presidential Address (con’t.) Members of the MLBC and should not treat this as an employer/client that you AAPL should be mindful of insignificant event; an ethi- generate by spending ex- the code of ethics they cal investigation has the tra time in honest negotia- swore to uphold as a condi- potential to ruin a career. tion will be the cornerstone tion of their membership. of your career as a Land- Moreover, all Landmen In our line of work, too of- man. Equally important, should be aware that most ten Landmen are labeled you are also creating a ―Let us companies that hire them successful when they get positive view of the Land have specific ethical stand- documents executed quickly profession, and our industry remember the ards in their mission state- (a/k/a ―ink getters‖). as a whole. ments. For the sake of the Some work tirelessly on reputations of our members negotiating, while others Hope to see you at the up- wise saying, and our organizations, re- resort to pressure and ob- coming meeting in Wheel- ported incidences of mem- scure threats, without con- ing. Until then, be safe, ―Patience is a bers’ ethical misconduct sidering the reputation that productive and happy in need to be taken seriously is developing. Let us re- what you do each day. and regularly addressed at member the wise saying, Virtue.‖ meetings and reviews. A ―Patience is a Virtue‖. The Mark A. Acree Landman under review positive goodwill for your MLBC President 2011-2012

Secretary’s Report This month’s newsletter un- She worked very hard to derwent a dramatic change improve our newsletter. I in format. This new format would also like to thank eve- is designed to improve ryone that contributed to ―readability‖ of the news- ―The Takeoff.‖ I hope you letter. I would like to take enjoy the new format. Misty this opportunity to thank my welcomes your suggestions assistant, Misty Christie, for and comments at mchris- doing such a wonderful job. [email protected].

Treasurer’s Report Cynthia Torbeck reports that the bank balance is $49,311.80. There are no outstanding bills. MLBC 2010 fiscal year taxes are in the hands of our new ac- countant Randy Preston, and will be filed with the IRS by November 15, 2011. Caption describing picture or graphic. Page 3 September 2011 Issue

Golf Outing drivers, iron sets, putters, he MLBC Fall Golf and other golf related T Outing was held at items. beautiful Mystic Rock Golf Due to the high demand for Course, part of the Nema- this year’s registration, the colin Woodlands Resort, MLBC expects next year’s followed by a reception, event to fill two squads of dinner meeting and prizes. golfers and utilize both The event was coordinated courses. We look forward by Brandon Ward and Ste- to next year’s event! Below ve Carr of T.S. Dudley Land are a few pictures taken Company, Inc. After a during the golf outing. Ad- weeklong storm rolled ditional pictures are availa- through the area, blue skies cleared the way for all ble on the MLBC website. 148 golfers to enjoy a day of catching up with clients or old friends, and trying to hit the ball around the bru- tal PGA proven Mystic October Sponsors Rock. Prizes in an amount exceeding $17,000 were given away at this year’s EQT Production Company event due to our generous sponsors, with over 40 golf Mason Dixon Energy enthusiasts leaving with more than they arrived Arnold L. Schulberg, Esq. with. Prizes included cash, Honor Resources flat screen LED televisions, Terra Services, LLC Huntley & Huntley, Inc. Steptoe & Johnson, PLLC Page 4 September 2011 Issue

MLBC Clay Shoot Up-Date

The MLBC Meeting – Clay in their shooting abilities Shoot – was a success. The while competing with the weather turned out nice for guys. This was just a fun the afternoon and every- shoot. No one kept score. one enjoyed the time to So if you were to ask who socialize with other Land was the top scorer, they men, while showing off their would all say ―I was.‖ shooting talents. This was a co-ed Clay Shoot made up of a total of 12 people. Although the men out num- bered the ladies, I believe the women felt both com- fortable and confident

Cindy Torbeck

The Gang! Rich Robb and John Agostinelli

The clays had no chance. Sherry Gorman, Carol Hoch, Marlene Heilmann, and Doug Richards—toured Falling Waters The Takeoff Page 5

AAPL Regional Director’s Report  AAPL membership is and will require approval currently ~13,100. There of the Board only. are roughly 1,200 renew- als outstanding. AAPL’s  Greg Zerkel is chairman Membership Committee is of the Annual Meeting in preparing a formal value San Francisco. Best of luck, proposition as to AAPL dues Greg! that will lay out the excel- lence of that minimal invest-  A vote was taken and ment to members and pro- approved to have the spective members. 2013 Annual Meeting in Washington, DC.  AAPL is working with a he September marketing firm as to  The Forms Committee T 2011 Board ―branding‖ AAPL. Efforts will be working on a set of Meeting of the AAPL was are underway to trade- horizontal drilling provisions held at the Four Seasons mark the AAPL name, ini- to the Model Form Joint Palm Beach, in Palm Beach, tials and logo. Operating Agreement. on Sunday, Sep- Fred McDonald will be tember 11, 2011. The fol-  Current treasury bal- heading up that project. lowing is my report: ance is $22.8 million. A large part of that repre- Arnold L. Schulberg  Attendance at Summer sents resurgence in value of Regional Director NAPE was about the same the AAPL investment portfo- as Summer NAPE 2010. lio. Official numbers are still being tabulated but there  The By-laws and Policy were approximately 5,200 Manual Review Committee -5,300 attendees. There presented its draft of initial was a drop in exhibitor revisions to the By-laws. The booths by 42. Considering expectation is that the revi- the short time in which the sions will be finalized and operational management presented at the December was changed, the smooth- 2011 meeting, voted upon ness in carrying out Summer by the Board of Directors NAPE was remarkable. at the March 2012 meeting AAPL has hired a new Di- and put to the membership rector of NAPE Operations, for a vote at the Annual Traci Cook Lee, who has a Meeting in June 2010 in strong background in event San Francisco. Changes to management. the Policy Manual will fol- low in the year after that Page 6 September 2011 Issue

Letter to the Editor that many of the Landmen in the room didn’t under- etter to the Editor… stand that there is a time L actually a letter to and place to carry on a my fellow Landmen: conversation and there is a time and place to be re- spectful to others. What For the past 30+ years it truly concerns me about this has been my pleasure to behavior is that the same be an active member of the may go the root of a lot of MLBC and the AAPL. I have the bad press our profes- had the opportunity to sion is receiving lately… serve on many committees, ―. . . there is a being a good Landman as an Officer, and as Re- starts with having respect gional Director represent- time and place to ing the MLBC at the nation- for others. al level. I wish to thank the carry on a MLBC Executive Committee I will close by saying that it for recently granting me is the duty of every mem- conversation and Honorary Membership to ber Landmen, whether they the MLBC…it is greatly are associated with the there is a time appreciated. It was my AAPL, the MLBC or another honor to serve such a great Landman Association to and place to be organization. foster ethical standards for fair and honest dealings respectful to with the public at large, I also wish to apologize for our employers, our clients, others.‖ my recent outburst at the MLBC Meeting at Nema- and with other Landmen. colin Woodlands…I should Jud Byrd have handled the situation in a more professional manner, but it was obvious

Next Meeting Scheduled Thursday, October 13, 2011

Join us for our October dinner meeting at Wheeling Island Hotel & Casino. Our guest speaker will be Bill Phillips, Land Manager for Hunt Oil. He will be sharing his interna- tional negotiating experience. Registration fee is $50.00. Social hour scheduled at 5:00 p.m. with dinner at 6:00 p.m. Drinks are free thanks to our meeting sponsors! If you have any questions about the dinner meeting, please contact us at Reservations@MLBC- AAPL.org. The Takeoff Page 7

2011-2012 MLBC Meeting Schedule (remains under construction)

Date Location Topic Speaker

October 13, 2011 Wheeling Island Hotel & Casino Sharing his Bill Phillips Wheeling, WV international negotiating experience

November 10, 2011 Shriner’s Lodge Marcellus Corky Demarco Marietta, OH Development

December 8, 2011 Hilton Garden Inn Joint luncheon Southpointe, PA with NALA

Possible new date: , PA Joint luncheon January 12, 2012 with NALA

February 9, 2012 Chadwick Event Center Pittsburgh, PA

March 8, 2012 Waterfront Place Hotel Morgantown, WV

April 12, 2012 Bella Sera Pittsburgh, PA

May 10, 2012 Wheeling Island Hotel and Casino Joint seminar with Wheeling, WV EMLF and MLBC Charity Golf Outing

June 7, 2012 Bridgeport Conference Center Introduction of new officers Bridgeport, WV

Support Your Local Association Please remember, this is your Association. The strength of the MLBC is in its people. While the Officers and Executive Committee members of the Association are elected to serve the needs of the organization, we look forward to and encourage volunteerism for many of the important and necessary committee positions. Volunteers are always welcome to participate in registration for meetings and seminars. Please contact any of the officers to see how you can help. The Association is in real need of volunteers for the Education Committee and Photography Committee. Please consider yourself for one of these committees. Your Association needs you. Page 8 September 2011 Issue

Memberships The MLBC membership application is located on the website at www.mlbc-aapl.org. If you failed to renew your MLBC membership timely, please complete a new membership appli- cation and submit it with the required reinstatement fee.

The MLBC website has an updated version of the membership listing. Please use this re- source if you can not find yours or others information in the directory. Please report any errors or omissions to Jeremy D. Preston at [email protected]. September 2011— New Members*

First Name Last Name Employer Member Type

Gwynne Anderson Anderson Legal Information Associate

Tyler Daffinee Arete Acquisitions, LLC Active lisa Schawalder Brighton Resourse Associate Robin Richardson EQT Production Active Victoria Roark EQT Production Company Associate Adam Stover EQT Production Company Associate

Kris Sampson Hawkeye Research Inc Active Kate Bennett Holland Service Associate Valerie Antonette Holland Services Associate Cara Davis Holland Services Active

Michael McDine Holland Services Active Laura Riebe Holland Services Associate Barbara Bowker Holland Services Associate

Bryan Gaudin Holland Services Active Kathleen Bremer Holland Services Associate Michele Kraft Honor Resources Associate Rebecca Maddox Honor Resources Active Sheila Salyer Mason Dixon Energy Active

* Notice of the application(s) of all potential Chapter member(s) shall be published in the next regularly scheduled monthly Chapter ―Takeoff‖ newsletter. Active members shall have the opportunity during for a period of thirty (30) days following the first publica- tion to object to the potential members’ application. Such objections to membership approval may be submitted to any member of the Executive Committee and shall be in writing. The Executive Committee shall take any such objection under counsel in the next regularly scheduled monthly Executive Committee meeting. A decision to accept or reject the membership application shall be deter- mined by a majority vote at such meeting. The Executive Committee shall notify the applicant in writing of rejection.

Application for membership in the Chapter shall be subject to the approval by a majority vote of the Executive Committee at a reg- ularly scheduled meeting, after the aforementioned thirty (30) day newsletter publication period, and shall require the signed ap- proval by the acting President of the Executive Committee, as evidence of the Committee’s approval. Names of any and all newly approved members shall be read at the following regularly scheduled general meeting of the Chapter.

Michael Late Benedum Chapter MLBC WEBSITE

3945 Forbes Ave., #451 Pittsburgh, PA 15213 If you experience any problems using the website or if you have any suggestions, please contact Jeremy Preston via e-mail at [email protected].

NEW MAILING ADDRESS As many of you are aware, we have had a lot of trouble with our existing Post Office Box. Part of that problem is each year we have to forward mail to the newly elected officer and it depends on the USPS to see that the mail reaches that person. In order to make this a seamless process in the future, the Executive Committee voted to use the ser- vices of the UPS Store. The UPS Store will forward the mail on a weekly basis to the ap- propriate officer. This officer and their address can be changed at anytime. We are on the web! Please make note of our new address: Michael Benedum Chapter of the AAPL (MLBC) www.mlbc-aapl.org 3945 Forbes Ave., #451, Pittsburgh, PA 15213.

2010-2011 Officers and Executive Committee

President Mark A. Acree, CPL [email protected]

Vice President Richard B. Robb [email protected]

Secretary Charles E. Heilmann, CPL [email protected]

Treasurer Cynthia L. Torbeck, CPL [email protected]

Sergeant at Arms Rex Cecil Ray [email protected]

Director Darryl H. Griwatz, CPL [email protected] Director John Kimbleton, CPL [email protected] Director Aaron R. Yost, RPL [email protected]

President Emeritus James B. McPherson, CPL [email protected]

2010-2011 Committee Chairs

Regional Director Arnold L. Schulberg, CPL [email protected]

Certification James E. Talkington, Jr., CPL/ESA [email protected]

Membership Jeremy D. Preston [email protected]

Meeting Coordinator Rich Robb [email protected]

Education Anthony Farr [email protected]

Historian Frederick J. Kent, CPL [email protected]

Ethics Carol Hoch [email protected]

Finance Mark Acree, CPL [email protected]

Meeting Sponsors Rex Cecil Ray [email protected]

Website Jeremy Preston [email protected]

Photography Britney Robinson [email protected]