In its recent decision in Buffalo River Dene Nation v. Saskatchewan (Energy and Resources), the Court of Appeal for Saskatchewan held that the government was not required to consult the Buffalo River Dene Nation (BRDN) before...more
The recent drop in oil prices will likely spur a flurry of industry restructurings, governed by a complex set of bankruptcy and state laws.
At the close of business on December 31, 2014, the...more
On August 14, 2014, the Tenth Circuit vacated and remanded the lower court’s decision regarding a dispute between a surface owner’s and a subsurface owner’s respective rights to access and enjoy land and property rights. ...more
In Olympia Minerals et al v. HS Resources, et al, the Louisiana Supreme Court addressed a decision we discussed in a February entry by affirming in part, reversing in part, amending in part and remanding (because why do one...more
New York Title Insurance Agent Licensing Statute: Business entities and individuals who meet the conditions set forth in New York Insurance Law section 2101(y)(1) are required to become licensed. Business entity licensees...more
Welcome to the latest edition of Minerals Matters.
Whilst the economic picture has certainly improved over the last six months, there have been a number of stops and starts along the way. Data suggests further...more
My mother used to give us good advice. For example: Don’t lie … do your homework. Sabella v. Appalachian Development Corporation agrees with my mother.
Sabella bought minerals in 1997 under 66 acres in Warren...more
Why am I always reporting on plaintiffs who wait too long to file their lawsuit?
In the latest Texas case, Trahan v. Mettlen, the Trahans sued in 2010 on a 2006 warranty deed....more
Halloween is approaching, so let’s talk poltergeists – troublesome spirits that haunt a specific location. Where do they come from? In Quality Environmental Processes, Inc. v I.P. Petroleum Company, Inc., it was from a faulty...more
Do you think that what you say when negotiating a mineral lease does not matter once the agreement is inked and contains boilerplate language declaring it to “supersede all prior negotiations” and “be the complete agreement...more
Based on a recent decision in West Virginia’s 3rd Judicial Circuit, which includes Doddridge, Pleasants and Ritchie counties, the use of litigation in the form of partition suits may be more problematic than it otherwise has...more
On September 15, 2014, the New Mexico Supreme Court entered a decision in First Baptist Church of Roswell v. Yates Petroleum Corp., a case that could call into question the validity of royalty agreements and division orders...more
The government’s consultation on underground drilling access for the extraction of gas, oil and geothermal energy came to an end on 15 August 2014. The consultation sought views on the government’s proposal to introduce new...more
Courts have long recognized that valuing mineral rights in eminent domain proceedings is inherently speculative, which can lead to wide swings in property valuations. So how can appraisers, property owners and public agencies...more
Valuing mineral rights in eminent domain proceedings is inherently speculative and can lead to wide swings in property valuations. So how do appraisers best deal with the uncertainty involved in mineral exploitation? The...more
In August 1999, Brock and Tipton signed a Farm and Ranch Contract by which Tipton would acquire 519 acres in Montague County. (Lots of Brocks were parties to the contracts and the suit. I refer to them as one for...more
As Texas holds tight to its position as the nation's number one oil and natural gas producing state, the Texas Supreme Court's decision to revisit the over forty-year-old accommodation doctrine, which requires oil and gas...more
In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more
This article discusses the case law in Oklahoma giving rise to the question of what is required for gas to be a marketable product, the differing view of royalty owners and producers on that question, the uncertainties under...more
On May 9, 2014, the Pennsylvania Superior Court reinvigorated a practice in Pennsylvania known as “title washing,” which has gained importance in recent years due to the development of the Marcellus Shale. Herder Spring...more
On May 12, Florida Governor Rick Scott signed into law CS/CS/CS/HB 489, regarding subsurface rights disclosures. The bill creates a new Section 689.29, Florida Statutes. Beginning October 1, 2014, a seller of residential...more
In February, King & Spalding was invited to participate in an access rights workshop run by UK oil and gas regulator, the Department for Energy & Climate Change ("DECC"). The purpose of the workshop was to invite...more
The objective of this presentation is to provide an overview of the main issues and documents related to the challenges confronting mineral owners in the negotiation of contracts with energy companies. In addition the paper...more
I. General Provisions – “Mineral Rights” -
A. Under Ohio law, the term “mineral” generally includes oil and gas unless the language in the granting instruments suggests the parties intended otherwise. Kelly v. Ohio...more
The U.S. Fish and Wildlife Service announced on February 24 that it will be developing proposed regulations to adopt a significantly more stringent approach to the management of oil and gas activities associated with any...more
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