Residential Real Estate Energy & Utilities

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Sewer Connection Must Be By The Least Restrictive Means

Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more

The Model Form JOA in Hard Times (and Farewell, Rally Possum)

Good morning class. Welcome to an advanced course on what can go wrong with the Model Form just when you need it. FIRST CASE - Do you know where to file your UCC financing statement?...more

Sustainable Development Update - June 2016 #3

Sustainable Development Focus - A suburban experiment aims for free energy - New York Times - Jun 3 - At first glance, Anthony and Vanessa Genau’s home in a subdivision beneath the San Gabriel Mountains is like...more

The Accommodation Doctrine Gets Its Feet Wet

Let’s start with a little background: Under the Accommodation Doctrine an oil and gas lessee has an implied right to use the land as reasonably necessary to produce and remove the minerals, but must exercise the right with...more

What’s Mine, Is Yours - Adverse Possession Against the Co-Owner in West Virginia

The question of whose land and/or minerals is whose in West Virginia is as old as the Appalachian Mountains. When it comes to natural gas titles and possession, one must take heed. Adverse possession is a doctrine under...more

Have You Got the Right EPCs?

We were reading in the Property Week (27th May edition) just how unreliable an EPC rating can be. This matters because from 2018 when new minimum energy efficiency regulations (MEES) start to apply, investors won’t be able...more

The Shale Bankruptcy Boom Moves Midstream

The shale boom has given rise to another, less welcome boom: the bankruptcy boom. Thirty-five exploration and production (“E&P”) companies sought bankruptcy protection between July 1, 2014, and December 31, 2015, and this...more

Sustainable Development Update - June 2016

Sustainable Development Focus - Solar microgrid to ‘green’ Port of Los Angeles - Microgrid Knowledge - May 30 - The Port of Los Angeles, North America’s largest port, plans to install a $26.6 million solar...more

The Shale Play Today - Second Quarter 2016

In This Issue: A National Energy Plan: Should We Have One? Do We Have One? If So, Is It Working? Before ultimately answering the questions posed in the title above on a National Energy Plan, in full disclosure it...more

California Environmental Law & Policy Update - May 2016 #4

Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...more

Sustainable Development Update - May 2016 #3

Sustainable Development Focus - Energy efficiency is a must for California buildings moving forward - Los Angeles Daily News - May 14 - Energy efficient homes like those at Skylar at Playa Vista in Los...more

Renewable Energy Update - May 2015 #3

Renewable Energy Focus - Voter support for clean energy policies up since last presidential election - Solar Industry Magazine - May 18 - A new survey by Lazard Ltd., a financial advisory and asset management...more

Neither a Will Nor Gift Deed?

This narrative about a daughter gone bad is for title examiners, landmen and moralists. Business development persons, skip straight to the lesson. The background Elvira owned a home and lived with Johnny. Elvira and...more

Here We Go Again: Fractional Royalty or Fraction of a Royalty?

“Blood may be thicker than water, but oil is thicker than both.”  J. R. Ewing. This family dispute among Ethel’s descendants arose when Ethel’s will employed double fractions in bequeathing royalty interests to her children....more

West Coast Real Estate Update: May 2016 #2

San Francisco Requires Solar Panel Installation on New Buildings - Last month, the City of San Francisco passed an ordinance requiring all new buildings to include solar energy systems. California law currently requires...more

Significant Developments in Canadian Energy – For the month of April 2016

Conventional - April 21, 2016 – The Alberta government announced the technical formulas that will be used to calculate royalties and payout cost allowances on oil, natural gas, propane and butane starting in 2017....more

Attention Home Improvement Contractors: CA Bill Singles Out Solar Contractors

California Assembly Bill 2699 (Gonzalez) is a bill to watch if you are a home improvement contractor that solarinstalls solar energy systems or, for that matter, a contractor in California. AB 2699 would, among other things,...more

“Production in Paying Quantities”: Louisiana Appellate Court Decides When and What Should be Considered in Determination

The Louisiana Second Circuit Court of Appeal, in Middleton, et al. v. EP Energy E&P Company, L.P., et al., concluded that, in considering whether mineral leases terminated for failure to produce in paying quantities, a fact...more

Coming Soon To A Roof Near You: Solar Panels (At Least If You Live in SF)

This week, the San Francisco Board of Supervisors enacted an ordinance that will require that the developers of all new buildings of 10 floors or less that apply for building permits after January 1, 2017 install solar PV or...more

When Joint Bidding Is Not Bid Rigging

Last week we discussed the pitfalls of joint bidding for oil and gas properties. We didn’t say you can’t do it. It’s like domestic life: There are ways you can tell your beloved that dress makes her look  …, well, never mind....more

West Coast Real Estate Update: April 2016 #1

Residential Communities: Calderon Process for HOAs Likely to Be Extended Again - The California Assembly Committee on Judiciary in early April unanimously passed Assembly Bill (AB) 1963 to extend the pre-litigation...more

The Peril in Joint Bidding for Properties

Wondering what was behind the Department of Justice indictment of the late Aubrey McClendon? The charge was conspiring to rig bids for oil and gas properties in Oklahoma. Read the McClendon indictment and engage in the parlor...more

Emerging Trends in Tax Credit Finance: Expansion of Renewable, Development, Housing Programs

On December 18, 2015, the landscape improved for individuals and businesses looking to invest in affordable housing, economic development and renewable energy projects. Congress passed and the President signed into law the...more

Washing Out a Lessee By Email

Behold Mr. Clean. Even he can’t remove a pesky stain as skillfully as the landman who framed the conversation in a way that washed out a lessee. See Anadarko Petroleum Corporation v. TRO-X, LP Did the lessee retain any...more

Colorado House Votes Down Bill Giving Local Authorities Power Over Fracking

Two Democrats joined the Republicans in the Colorado House of Representatives on April 4, 2016, to defeat a bill that sought to assert local government control over oil and gas drilling. Drilling operations in Colorado have...more

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