News & Analysis as of

Surface Owner Land Owners

Houston Harbaugh, P.C.

Texas Appeals Court Rules that Surface Owner Could Not Enforce Pipeline Burial Covenant in Oil and Gas Lease

Houston Harbaugh, P.C. on

Let’s assume that you purchase a 105 acre farm in Greene County in 2022. You purchase only the surface estate while the seller, Farmer Jones, retains the underlying oil and gas rights. You intend to grow corn and winter...more

Houston Harbaugh, P.C.

Pore Space Ownership: The North Dakota Supreme Court Issues Landmark Decision

Houston Harbaugh, P.C. on

Let’s assume you own a 93-acre farm in Tioga County. In 1986 your grandfather sold the oil and gas rights to his neighbor, John Mize. In the early 1990’s, Mr. Mize signed an oil and gas lease with XYZ Drilling. Several years...more

Roetzel & Andress

Court of Appeals Rules That Oil and Gas Company Has Ongoing Obligation to Restore Property Despite General Release of Damages in...

Roetzel & Andress on

On April 11, 2022, the Fourth District Court of Appeals issued a significant decision in Zimmerview Dairy Farms, LLC v. Protégé Energy III LLC establishing that a general release of damages signed in connection with a pad...more

Roetzel & Andress

What is “Reasonable Diligence” Under the DMA? The Ohio Supreme Court Offers More Guidance to Landowners

Roetzel & Andress on

On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment. ...more

Roetzel & Andress

Ohio Supreme Court Provides Guidance On Key Marketable Title Act Issue Regarding Preservation Of Severed Mineral Interests

Roetzel & Andress on

On March 16, 2021, the Supreme Court of Ohio issued another important opinion in the ongoing tug of war between surface landowners and severed mineral owners over the ownership of valuable mineral rights in Ohio. In Erickson...more

(ACOEL) | American College of Environmental...

Does The Mineral Owner’s Dominance Foreclose Environmental Advocacy by the Surface Owner?

Since the beginning of recorded mineral law, the owner of the mineral interests has enjoyed an elevated status in its relationship with the surface owner, resulting in the universally accepted notion that the mineral estate...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019 #2

Environmental Groups Accuse Multiple Mining Sites of Violating Federal Regulations - "Allegations of 'egregious' violations of the federal Clean Water Act and the Surface Mining Control and Reclamation Act could be...more

Gray Reed

Groundwater Law Continues To Evolve – Texas Landowners Be Ready

Gray Reed on

You have just arrived on the new ranch property you just purchased, leaving the rat race of city life and ready to get to work on the land. You allowed the seller to reserve the minerals so long as he waived his rights to...more

Bennett Jones LLP

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

Bennett Jones LLP on

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

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