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Jonathan Lear

Senior Partner

jonathan.lear@learlaw.com - 801-538-5012

Since 2004, Jonathan has represented clients in the mineral extraction industry, including representing energy and oil & gas clients.  Jonathan has deep knowledge and expertise in title examination and holds licenses to practice law in North Dakota, South Dakota, and Utah. 


Jonathan’s practice focuses on natural resources and public lands law with an emphasis on acquisition, exploration, permitting and production of oil and gas.  Jonathan represents numerous independent oil and gas producers throughout the United States, working primarily with their land departments in matters related to acquiring rights to explore, produce and transport oil and gas. Jonathan has broad experience with solar, geothermal and wind projects – from title, transactional, permitting, access and financing.


Jonathan has examined title to innumerable oil and gas properties in the Rocky Mountain West and Mid-Continent areas of the United States and has prepared hundreds of acquisition, drilling, and division order title opinions.  These opinions cover federal, Indian, state, and private lands, requiring identification of mineral, working interest, overriding royalty interests and other owners.

 

Practice Areas

Title Work

  • Drilling & Division Order Title Opinions

  • Acquisition Opinions

  • Financing Opinions

  • Supplemental Title Opinions

  • Curative Title Work

  • Lease Negotiations

  • Financing Title Matters

Transactional & Due Diligence

  • Purchase & Sale Agreements

  • Permitting

Acquisition & Divestiture

  • Due Diligence

  • Title

  • Contract Issues

  • Deal Structuring

    • Transfer of Title

    • Indemnification

    • Confidentiality

    • Lien Priority

  • Third-Party Consents and Waiver

    • Consents to Assign

    • Waiver of Preferential Purchase Rights

  • Transactional Documents

    • Letter of Intent

    • Confidentiality Agreements

    • Purchase & Sale Agreements

    • Title Defects

  • Closing Documents

  • Curative Title Documents

Commission & Regulatory

  • Well Siting and Spacing

  • Pooling, Unitization, and Communitization

  • Surface and Downhole Commingling of Oil and Gas

  • Vertical, Directional, and Horizontal Drilling

  • Gas Flaring

  • Surface Use & Bonding

  • Salt Water Disposal & Other Types of Injection Wells

  • Oilfield Waste Facilities

Dispute Resolution/ Litigation

  • Surface & Title Disputes

  • Operational Disputes

  • Contract/JOS Disputes

  • Vendor & Subcontractor Disputes

  • Regulatory Compliance Issues

  • Rights of Way Disputes

  • Lis Pendens

  • Quiet Title Actions

  • Interior Board of Land Appeals Actions

Renewable Energy

  • Site Identification

  • Land & Title Issues

  • Due Diligence

  • Rights of Way

  • Contractor Agreements

  • Project Development Documents

  • Financing Matters

  • Regulatory Compliance

  • Geothermal Agreements

Natural Resources

  • Hard Mineral Title Opinions

  • Financing

  • American Indian Law

  • Acquisitions of Mineral Interests on Federal, State & Private Lands

  • Compliance & Regulation

  • Permitting

  • Due Diligence

  • Transactions

  • Public Leasing & Permitting

  • Alternative Energy Projects

  • Mineral Development

  • Surface Use & Conservation Easements

 

Admissions

Jonathan is admitted to practice in:

  • North Dakota

  • South Dakota

  • Utah

Professional & Civic Organizations

  • North Dakota State Bar, member

  • South Dakota State Bar, member

  • Utah State Bar, member

  • Utah Association of Professional Landmen, member

  • Rocky Mountain Mineral Law Foundation, member

Education

  • Howard University School of Law    (J.D., 2004)

  • University of Utah    (B.S., Sociology, 2000)

Publications

  • Use of Technology in the preparation of an Opinion, and Calculations Workshop, ADVANCED MINERAL TITLE EXAMINATION, Paper 14 (Rocky Mt. Min. L. Fdn. 2014).