Carizzo Expands SWAPO2 Acreage Calculation Center of Street

[SWAPO2 Neighborhood Rights]

Carizzo Expands SWAPO2 Acreage Calculation Center of Street

[posted to website April 23, 2008] 

Some of you have been asking a lot of questions about "street rights," which means mineral rights you may have extending to the center of the street. When SWAPO2 originally endorsed a lease with Carizzo and Carburante, we had no guarantee that street rights would be included for all homeowners. We estimated that most residents would have them, but that in some cases the developer or the city would have retained those rights.

This street-rights issue is an ongoing controversy in most of the Barnett Shale groups, whatever drilling company is involved—it is not limited to SWAPO2 and Carrizo. It is an area of legal speculation with proposed legislation and an incomplete judicial record. In our own area, one real estate subdivision developer went so far as to try to lease street rights in a subdivision back to his own company way back in January 2007, an action with dubious legal validity. Although this action was unfair to those residents, there was not much that we could do about it in SWAPO2, nor was it the fault of Carrizo/Carburante who had been trying to pay street rights whenever possible.

The good news for SWAPO2 is that Carizzo and Carburante have decided to "do the right thing" whatever the past history of the subdivision, and they have agreed to include acreage to the center of the street in all cases, including those thought previously reserved to other parties. This means those in areas like Kee Brook Estates will now be paid to the center of the street. Other areas will also be included and will be announced in the coming weeks.

Please understand that the acreage increase only applies to those who did not receive it before. The majority of SWAPO2 signups have already have benefited from an expanded acreage calculation when receiving their bonus, and they are due no additional money. Those who previously signed a lease but did not receive this additional acreage will have an opportunity to receive additional bonus compensation. For those who have been waiting to see what would happen before signing, they can be assured that their acreage will include the expanded measurements.

Even with this additional acreage offer, the calculation of street rights (and other potential areas not included in a survey plat) is a complex matter and it will take time to determine it accurately.  We ask that you be patient with Carburante and Carrizo who have proven their generosity and commitment to homeowner rights by extending acreage even to those areas potentially reduced by outside parties.

Those receiving expanded acreage will be notified by mail about their specific property in the coming weeks. Please be patient. If you have further questions about the expanded acreage policy, please email Shelley.