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Oil & Gas Real Estate Market

McDermott Will & Emery

Real Estate Update Q1/2023: Neuerungen im Immobilienwirtschaftsrecht

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Das neue Jahr 2023 bringt einige wichtige Gesetzesänderungen für die Immobilienbranche mit sich, die Ihre Aufmerksamkeit verlangen. In unserem Real Estate Update werfen wir einen Blick auf ausgewählte Gesetzesänderungen, die...more

Gray Reed

Terminological Inexactitude

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When Winston Churchill used this phrase in 1906 in his speech to the House of Commons, he probably did not have in mind the construction of language contained in a deed. Nevertheless, terminological inexactitude in drafting a...more

Bricker Graydon LLP

Hydraulic fracturing and subsurface trespass in Pennsylvania: Briggs v. Southwestern Energy Production Co.

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In a case of first impression that drew interest across Appalachia, the Pennsylvania Supreme Court determined on January 22, 2020, that the rule of capture applies when natural gas is extracted through hydraulic fracturing...more

Gray Reed

Pennsylvania Says No Trespass by Fracking – the Dissent

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The concurrence and dissent in Briggs et al v. Southwestern Energy Production Company appears to be of little help to property owners complaining of trespass by fracking where there is no invasion of frack fluids on to the...more

Gray Reed

Pennsylvania Supreme Court Says No Trespass by Fracking

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Herein, highlights from the Pennsylvania Supreme Court in Briggs, et al. v. Southwestern Energy Production Company. The rule of capture applies to oil and gas produced from wells completed using hydraulic fracturing and...more

Gray Reed

Strip and Gore Doctrine: Infinity War

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Yet another entry in the Strip and Gore universe (2012’s “Beware of Strips and Gores”, and 2019’s “Strip and Gore 2: The Sequel”) comes to us from Fort Worth Court of Appeals: Richard D. Crawford v. XTO Energy, Inc....more

Gray Reed

The Duhig Rule Explained and Distinguished

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Let’s talk the Duhig Rule and estoppel by deed in Texas. Don’t run away yet. We’ll get to the point quickly and then you can leave....more

Gray Reed

What is “Oil or Gas” as Used in a Pipeline Easement?

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In Texan Land & Cattle II, Ltd. v. ExxonMobil Pipeline Company a Texas court of appeals ruled that “oil or gas” is not limited to “crude petroleum,” but includes refined petroleum products gasoline and diesel....more

Gray Reed

Limitations Title Not Precluded by Late Acknowledgment

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Scribner v. Wineinger, et al. affirms that acquisition of a Texas oil and gas leasehold by limitations is not defeated if the adverse possessor’s acknowledgement of a claimant’s title comes too late....more

Gray Reed

Water: The Hot Commodity in the Permian and Elsewhere

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It’s still true, “Whiskey’s for drinkin’, water’s for fightin’.” Gray Reed lawyers Brock Neizgoda and Steven Cooney spoke to TIPRO’s summer conference on the use, control and ownership of water in oil and gas operations. ...more

Bricker Graydon LLP

WV high court sides with Antero in implied surface easement dispute

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Law 360 reports that the West Virginia Supreme Court has issued its ruling in the matter of Robert L. Andrews et al. v. Antero Resources Corp. et al. The court addressed whether the plaintiff landowners were unreasonably and...more

Gray Reed

Lease Contamination Claim Squelched by Limitations

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In Swift Energy Operating LLC v. Regency Field Services LLC, claims for damage to leased minerals allegedly caused by contamination spreading from an H2S-CO2 injection well were barred by limitations. When the cause of action...more

Gray Reed

Broad Settlement Discharges Mineral Liens

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When you prepare, review and/or sign settlement agreements you sometimes pay less attention than you should to the details of those “standard” releases! Acme Energy Services, d/b/a Big Dog Drilling v. Staley et al. says,...more

Gray Reed

A Lesson in Property Stipulations

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Marsha Ellison v. Three Rivers Acquisition, LLC, et al. reminds us what is required for an instrument to be a conveyance and what is required for a stipulation to be effective....more

Hogan Lovells

SEC overhauls mining property disclosure regime

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On October 31, 2018, the SEC released comprehensive property disclosure rules for mining registrants that represent the first major change to the rules since 1982. The new rules require companies with material mining...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Gray Reed

Ohio Land Professionals Saved by the Legislature … Kind Of

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At least some landmen are once again free to be landmen in Ohio. You will recall that in Dundics v. Eric Petroleum the Ohio Supreme Court declared that the Ohio Real Estate Broker statute prohibited land professionals from...more

Bricker Graydon LLP

Court distinguishes oil and gas land professionals from real estate agents/brokers

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On December 19, S.B. 263 was signed into law by Governor Kasich, establishing the concept of an “oil and gas professional.”...more

Gray Reed

Rejection of Mid-Stream Agreements Upheld … Again

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Q: How many New York federal judges does it take to make a mess of Texas property law? A: In In Re: Sabine Oil and Gas Corp., five. One to get it wrong, another to affirm the wrongness, and three more for reinforcement. ...more

Gray Reed

Foreclosure Included the Minerals Because the Documents Say So

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In XTO Energy v. EOG Resources, a title dispute over the mineral estate in 1,653 acres in Atascosa and McMullen counties, Texas, the loser tried both, to no avail....more

Locke Lord LLP

Can a Lease Survive Foreclosure?

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Two recent federal foreclosure cases applied Texas law and one highlighted a fact situation that may involve a new (2015) statute. In Arbuckle v. Chesapeake, Case No. 3:14-CV-04584-M (N.D. Texas, Dallas Division September...more

Ballard Spahr LLP

Alleged Nigerian Oil Industry Corruption and Civil Forfeiture: More Extraterritorial Application of U.S. Law; More High-End Real...

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On Friday, the Department of Justice (“DOJ”) filed a civil forfeiture complaint in the Southern District of Texas seeking recovery of approximately $144 million in assets that allegedly represent the proceeds of foreign...more

Nossaman LLP

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

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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

Gray Reed

Does it Matter if a Deed Correction is Material?

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

Hogan Lovells

French Legal and Regulatory Update - January 2017

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The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

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