John McFarland and his oil company sponsored blog on HB724 Please do not be confused or misled away from the truth of your rights!
Who is this John McFarland ? His website claims “John McFarland represents land and mineral owners in all aspects of oil, gas and mineral law: leasing of mineral interests, family management and estate planning related to mineral ownership, valuation issues, royalty audits and title disputes.”
However our investigative reporters found something contrary to this claim. When asked if he would support descendants of the mineral and land right owners his response was “NO THANKS.” *Dec 2014. What McFarland does is help oil and gas companies lease oil and minerals from lands. He protects the big oil companies.
As far as his blog, he does not grant permission to republish them it. Why? He is in it for the money from the big oil and gas companies. Not anyone else!
However he fails to understand free press and the right of fair use. So in this article we will pick apart his blog post on House bill 724. No Comments allowed (on John McFarland’s blog) meaning NO TRANSPARENCY! We asked him if we could comment , his response “NO THANKS.” He likes this phrase. Please see our article http://thevoiceofchange.info/hb724-commission-exposed-uncredibility-analysis-part-1/ and the supplement papers series.
His first paragraph is partially true, when John McFarland blogs about the rights to the land grants. However he implies falsely that immigration of settlers into those territories prior to and after created disruption and displacement regarding land titles. First of all, any educated person is going to recognize that who ever the settler was on the land grant would then be also granted the land.
John McFarland asserts that these settlers took extralegal means to acquire ownership of the land. Come John McFarland you know that there was not much legal options during these times for settlers. Where is your documented proof, a puff of smoke to blind the real owners!
Then he asserts that records were lost and boundary lines cloud legal issues. Now we can begin to understand John McFarland “extralegal means” to support his case which he is not off to a good start. First of all there are records, as you can see in our los porciones series. Here are some examples:
First of all let me ask you a question, if you are fighting in court a bank, are you going to hire the banks attorney to represent you? NO ! This would be a conflict of interest . So you want to believe the non-sense coming from this John McFarland Attorney at Law Austin, Texas who is represents the oil and gas companies?
He makes his point clear when he says he receives calls from “descendants of the original grantee of a Spanish or Mexican land grant somewhere in South Texas” Notice he did not say he took on their case. He states the fact now to support lie that there are people who prey on these descendants. And to prove his point, he now moves to Padre Islands not anything about a land grant in South Texas.
Now he wants to confuse the descendants, so he goes into some confusing explanation about the Padre Island lawsuits. To make his point that in 2008 the Texas Supreme Court ruled that the Ballis (the people suing for the royalties) waited to long to bring their claim and their suit was barred by limitations.
However John McFarland fails to assert the laws protecting the owners: Please read this http://thevoiceofchange.info/mineral-rights-explained-texas-constitution-1866-1876-affirmed-supreme-court/ which affirms that after 1866 , came 1876 Texas Constitutional Amendment which affirmed ” the landowner was given complete ownership of the minerals in all the lands that passed from the sovereign before the effective date of the Constitution of 1876.” Later in 1928 the Texas Supreme Court held that the “act did not relinquish the oil and gas rights to the landowners, but made the landowners the agent of the Sate for the leasing of oil and gas rights and granted to the landowner the right to one half of all bonuses, royalties and other benefits accruing from those leases. ”
Point being as an heir, of a deceased descendant of the landowner, still does have rights to “half of all bonuses, royalties and other benefits accruing from those leases” (Do you hear them talking about half? or about the bonuses or other benefits? NO, because they are hiding those things, they are talking about some small percentage of royalties. We must know the truth!
And this is where we will stop because he clearly goes on to support the commission, the former corrupt Governor of Texas Rick Perry and the Oil and gas companies. He continues to liable and slander people. He makes ridiculous claims that a descendant can’t prove they are a descent by a judge or court ? Well how can they prove they are, if the state of Texas is not accepting a birth certificate or linage documents? Isn’t a court of law a valid authority ? Yes it is. He is probably friends with Lance Brunn.
His blog is not even worth a rebuttal because clearly this blog would not stand up in a court of law! When something is ambiguous then it can be interpreted in many ways, and this blog is certainly ambiguous! In other words what he asserts is not legal.
If you are a descendant and heir please do not be confused by such non-sense. Know your rights, and stand up. We will stand one voice united! We will stand together and fight.