News & Analysis as of

Mineral Leases

Drill on Through to the Other Side: No Trespass When Drilling Through Mineral Estate with Surface Use Agreement

by Blank Rome LLP on

Action Item: The Texas Supreme Court annunciated two critical points in Lightning Oil Co. v. Anadarko E&P Onshore: (1) unauthorized interference may be a trespass only when it impacts the mineral lessee’s ability to exercise...more

Texas Subsurface Trespass Law Clarified

by Gray Reed & McGraw on

We know that in Texas the mineral owner has the right to explore for and produce the minerals. What does that leave for the surface owner? In Lightning Oil Company v. Anadarko E&P Onshore, LLC the Texas Supreme Court tells us...more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

U.S. Fifth Circuit Affirms Application of the Subsequent Purchaser Doctrine in Oilfield Contamination Case, Recognizes “Clear...

by Liskow & Lewis on

In Guilbeau v. Hess Corporation, the United States Fifth Circuit Court of Appeals unanimously affirmed the application of Louisiana’s subsequent purchaser doctrine to bar a plaintiff’s claims for property damage resulting...more

Can Reworking a Saltwater Disposal Well Maintain a Lease?

by Gray Reed & McGraw on

Should the sufficiency of reworking operations under the cessation-of-production clause of an oil and gas lease be limited to the producing well? Crystal River Oil and Gas, LLC et al v. Patton was a suit to terminate an oil...more

The Parol Evidence Rule at Work in a Mineral Transaction

by Gray Reed & McGraw on

A phrase currently in common usage begins with “‘cluster” and ends with a vulgarity that has been around for centuries. Saheid v. Kennedy presents facts that pretty much exemplify the meaning of the phrase...more

Does it Matter if a Deed Correction is Material?

by Gray Reed & McGraw on

McCabe Trust v. Ranger Energy LLC, is the consequence of failing to comply with the Texas Property Code when correcting real property conveyances....more

Ohio Dormant Mineral Act does not automatically transfer oil and gas mineral rights to surface owners

by Reminger Co., LPA on

In a trio of decisions dated Sept. 15, 2016, the Ohio Supreme Court clarified the provisions of Ohio’s Dormant Mineral Act (ODMA) as it applies to the rights of surface and oil and gas mineral rights owners. First and...more

Estimates from Common Metering System are Insufficient to Maintain Oil and Gas Lease

by Reminger Co., LPA on

Recently, the Seventh District Court of Appeals of Ohio in Joseph and Anna Lang v. Weis Drilling Company, et al., Slip Opinion No. 2016-Ohio-88213, held that estimates derived from a common metering system are insufficient to...more

Mineral Lease Prevails in Louisiana Royalty Dispute

by Gray Reed & McGraw on

Prevails over what, you ask? In Gladney v. Anglo-Dutch Energy, LLC, a conditional allowable from the Office of Conservation didn’t supersede lease royalty obligations....more

Capouillez Case is a Warning to Non-Attorneys Representing Landowners in Gas Lease Negotiations

by Tucker Arensberg, P.C. on

Since the first Marcellus Shale well was drilled in 2004, tens of thousands of oil and gas leases have been negotiated across Pennsylvania. Non-lawyers sometimes play a prominent role in the leasing process. Originally...more

Louisiana Third Circuit Addresses Payment of Royalties in Situations Involving Production Under a Mineral Lease Pursuant to a...

by Liskow & Lewis on

In Gladney v. Anglo-Dutch Energy, L.L.C., the Third Circuit addressed the question of whether or not a mineral lessee must pay its lessor full lease-basis royalties for production undertaken during the effective period of a...more

Draft Resource Management Plan Amendment Released for Central California Federal Lands

by Stoel Rives LLP on

On January 6, 2017, the federal Bureau of Land Management (“BLM”) issued a notice of Draft Resource Management Plan Amendment (“DRMP Amendment”) and Draft Environmental Impact Statement (“DEIS”) for oil and gas leasing and...more

Have You Reviewed Your Lease Maintenance Processes Lately?

by Gray Reed & McGraw on

You might conclude that the but-for-the-grace-of-God-that-could-be-me nightmare presented in In re: RPH Capital Partners is instructive only for lawyers. If so, you would be mistaken. The lesson: If you want to win the...more

TXO v. Vela Remembered in a Gas Royalty Case

by Gray Reed & McGraw on

Westport Oil & Gas Company, L.P. v. Mecom et al. presented this question: Was the lease royalty based on a gas purchase agreement formula or on the royalty clauses’s market value at the well provision? Spoiler alert:...more

Your Louisiana Override – Where Does it Come From?

by Gray Reed & McGraw on

It’s a multiple choice question: a. The royalty interest reserved by the lessor. b. The drillbit, courtesy of fearless, risk-taking entrepreneurs, the backbone of the great American free enterprise system and the...more

The Rule Against Perpetuities is Alive and Enforceable in Oklahoma

by Gray Reed & McGraw on

Today we venture into Oklahoma, to be instructed on the Supreme Court’s treatment of the Rule Against Perpetuities. First, the Rule: No property interest is good unless it must vest, if all, not later than 21 years after...more

Option Contract Ruling Reversed by Texas Supreme Court.

by Gray Reed & McGraw on

North Shore Energy v. Harkins interpreted an Option Agreement between landowners and a producer over a 400 acre tract. In football they would say the Texas Supreme Court pancaked the plaintiff. In the law, some would call it...more

What Now? U.S. Environmental Protection Agency Post-Election Outlook

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business...more

Supreme Court of Ohio Will Not Follow Any "Rules" for Mineral Royalty Disputes

by Reminger Co., LPA on

In a decision that resulted in three separate opinions, the Ohio Supreme Court in Lutz v. Chesapeake Appalachia, L.L.C., Slip Opinion No. 2016-Ohio-7549, refused to answer a question certified from a federal court regarding...more

Significant Developments in Canadian Energy – for the Month of October 2016

by Dentons on

October 3, 2016 – DualEx Energy International Inc. has entered into an Alberta oil and gas asset purchase and sale agreement, and has also entered into two private Alberta oil and gas company share purchase agreements....more

Louisiana Statutory Penalties Imposed on Operator

by Gray Reed & McGraw on

If you’ve ever tried to escape penalties for the operator/producer’s failure to comply with La. R.S §30:103.1 and §103.2, take comfort in XXI Oil & Gas, LLC v. Hilcorp Energy Company. You are not alone. No excuse has...more

Recent Supreme Court of Ohio Rulings May Alter the Status of Dormant Mineral Rights Throughout the State

by BakerHostetler on

The Supreme Court of Ohio recently brought clarity to issues plaguing the holders of both mineral and surface rights for years by addressing two questions: When does the owner of dormant mineral rights abandon those rights?...more

Louisiana State and Federal Courts Split Over Parties Entitled to Reports Under La. R.S. 30:103.1

by Liskow & Lewis on

La. R.S. 30:103.1 requires operators or producers of oil and gas units created by the Louisiana Commissioner of Conservation to provide reports containing information related to well costs and production to owners of...more

Ohio Supreme Court Decides Dormant Mineral Act Cases

by Reed Smith on

On September 15, 2016 the Ohio Supreme Court issued three opinions providing long-awaited clarity to Ohio’s Dormant Mineral Act (“ODMA” or “Act”). Most notably, the court ruled that the 1989 ODMA did not automatically allow...more

170 Results
|
View per page
Page: of 7
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!