News & Analysis as of

Mineral Rights

Does Texas Have a New “Rule” in Conveyancing?

by Gray Reed & McGraw on

Subject-to, reservations-from, and exceptions-to problems have been lurking in the shadows of Texas jurisprudence for a while now, and the courts have been all over the map in recent holdings....more

Third Circuit Holds that Automatic Perfection Provisions Are Not So Automatic

by Bracewell LLP on

Close to ten years have passed since the filing of the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P., but this week, the Third Circuit Court of Appeals affirmed a 2015 district court ruling that resolved a dispute...more

15 Creative Ways Large Real Estate & Infrastructure Developers Raise Millions Outside of Traditional Debt and Equity (Part I)

by Slim Ventures LLC on

There is an expression that land development is a wealthy man’s game. Indeed, in our recent meeting with a very seasoned developer (over 30,000 lots before the Recession, now, licking his wounds, down to only 900), he...more

Attempt to Avoid Ohio Supreme Court’s Ruling in Corban Rejected by Federal Court in Ohio

by Reed Smith on

After the Ohio Supreme Court’s September 15, 2016, decision in Corban v. Chesapeake Exploration, L.L.C., 2016-Ohio-5796, held that the 1989 Ohio Dormant Mineral Act was not self-executing – meaning that the surface was not...more

An Oil Patch Morality Play – Part 1

by Gray Reed & McGraw on

You are selling properties. The buyer thinks you own the deep rights but you know your long-time partner owns them. You attend the closing. You don’t tell the buyer that he’s got the ownership wrong. You are protected by a...more

Oil Regulation 2017 - United States

Describe, in general terms, the key commercial aspects of the oil sector in your country. The US oil industry is divided into three sectors: upstream (exploration and production), midstream (processing, storage and...more

DMR approves sale of IFMSA's Lesedi Mine to Samancor

by Hogan Lovells on

International Ferro Metals (SA) Pty Ltd (IFMSA) went into business rescue on 26 August 2015. Its ferrochrome smelter and dedicated Lesedi Mine fell victim to a combination of economic, regulatory and socio-political factors...more

Understanding Mineral Rights and the Impact on the Value of Your Property

by Miles & Stockbridge P.C. on

The United States is one of a handful of countries in which private real property owners can hold and own subsurface mineral rights. In a majority of countries, only the government can own and benefit from these rights. ...more

Mineral and Royalty Interest MLPs: An Alternative Exit For PE-Backed Mineral and Royalty Interest Cos.

by King & Spalding on

Oil and gas exploration companies no longer have to go door-to-door, or ranch-to-ranch, to negotiate oil and gas leases with individual mineral interest owners. Over the last decade or more, pure-play mineral and royalty...more

What Does Your Reservation Clause Mean?

by Locke Lord LLP on

Webb et al. v. Martinez (Tex. App. San Antonio) - On December 14, 2016, San Antonio’s Fourth Court of Appeals affirmed the trial court’s take-nothing summary judgment regarding a property dispute in favor of Martinez. Webb...more

Major Decision by the West Virginia Supreme Court of Appeals – Non-Participating Royalty Interest Owner Rights Clarified

On May 31, 2017, the West Virginia Supreme Court of Appeals issued a significant opinion regarding the clarification of rights for non-participating royalty interest owners (“NPRI”). In the opinion Gastar Exploration, Inc. v....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

Gavel to Gavel: Shifting water courses may affect property rights

by GableGotwals on

As anyone who has spent significant time near a western Oklahoma river is likely aware, our water courses tend to be shallow, with beds composed of loose, sandy soil. These characteristics make western Oklahoma rivers...more

Operator – Don’t Get Burned by Paying an Insolvent Contractor

by Gray Reed & McGraw on

Just received notice of a Texas subcontractor’s mineral lien? DO NOT continue to pay the contractor. He hasn’t paid the subcontractor. Think you owe nothing on the well on which the lien will be filed? Think what you owe the...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

Struggling to Produce: Heirs to Claimed Royalty Interest Acquired in Late 1800s in 9,200-acre Tract in Texas Fail to Pass...

by BakerHostetler on

On Monday, Oct. 10, 2016, dozens of claimed heirs to a one-half mineral interest allegedly obtained in the late 1800s in a 9,200-acre tract of land in Brooks County, Texas, filed a Petition for Review with the Texas Supreme...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

Assigning By “Stratigraphic Equivalent”? Be Careful

by Gray Reed & McGraw on

How many of your mineral conveyances are described like this: … all of Sellers’ right, title and interest in and to (a) the oil, gas and other minerals in, to and under the lands … ONLY INSOFAR as such oil, gas and other...more

Louisiana Partition Agreement: You Can’t Trade What You Don’t Own

by Gray Reed & McGraw on

Square Mile Energy LLC v. Pommier considered this language in a Louisiana partition agreement: “N.B: Included in this transfer are any and all mineral rights, when available, to Roxanne and all surface rights.” Did this...more

Title Suit Booted for Failure to Join Parties

by Gray Reed & McGraw on

Longoria v. ExxonMobil is like throwing a big party but failing to invite all the right guests. The Longorias – 59 of them – sued producer-defendants over ownership of 9,200 acres in Brooks County, Texas, acquired in the...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

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

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

by Dentons on

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

"Recent Case Highlights Opportunity for Distressed Exploration and Production Companies"

On March 8, 2016, a bankruptcy court in the Southern District of New York issued a much-anticipated decision, In re Sabine Oil & Gas Corporation, that will undoubtedly influence the reorganization strategies of certain...more

Bankruptcy Court Rules Gathering Agreements Can Be Rejected - Potential Significant Impacts on Midstream Companies

by King & Spalding on

On March 8, 2016, the United States Bankruptcy Court for the Southern District of New York (the “Court”) ruled from the bench in In re Sabine Oil & Gas Corp. in a case of first impression that a midstream gathering agreement...more

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