Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
Our office routinely handles utility takings, which often involve partial takings of easements for transmission lines or pipelines. As governments attempt to improve the electrical grid to support the transportation of wind...more
Solar panels are increasing in popularity for both residential and commercial properties. Some property owners may consider installing solar panels to meet their own energy needs; others may consider installing them to...more
A pipeline company condemning property of a governmental entity? That’s something you don’t see every day. Score a win for “big pipe” against “big government”. In Harris County Fresh Water Supply District No. 61 v. Magellan...more
Last week, a court called into question whether a condemnation by a gas utility was for a “public use,” even though the take was initiated by an entity that had the statutory authority to enter, condemn and appropriate land....more
Late last month, the Federal Courts issued two major rulings involving certificates of public convenience and necessity for natural gas pipelines issued by the Federal Energy Regulatory Commission. While a decision by the...more
For nearly a month, Enbridge, Inc., a Canadian oil and gas pipeline company, has been operating its Line 5 pipeline in defiance of an order from Michigan Governor Gretchen Whitmer to shut down Line 5’s operations effective...more
As greenfield development continues to grow, the title industry is facing increasing demand resulting in higher price tags and longer turnaround time for early stage title work. While it may have been common practice to wait...more
The central issue in the Texas case of Cook v. Cimarex Energy Co.: Did Cook grant Cimarex a right of way across Cook’s land to the location of two Cimarex wells. No he didn’t. Reversing the trial court, the court of appeals...more
It appears that New Mexico’s state government is continuing to move in the direction of environmentalists and away from oil and gas operators. However, New Mexico enjoys significant revenue from the production of oil and gas,...more
It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more
On November 13, Michigan Governor Gretchen Whitmer (“That woman from Michigan!”) issued a notice to Enbridge Energy that by May 2021 it must cease transport of oil through twin pipelines that traverse the Straits of Mackinac....more
San Miguel Electric Coop is a Texas nonprofit electric cooperative that owns and operates a power plant that supplies electricity to 38 Texas counties. After a four-week absence, they return to these pages, this time in DCP...more
Porter Hedges recently scored a significant victory for landowners Terrance and Kenneth Hlavinka and their families (“the Hlavinkas”) against HSC Pipeline Partners, a subsidiary of Enterprise Products Partners. On June 18,...more
The US Supreme Court held that the National Park Service’s responsibility over the Appalachian Trail did not incorporate that land into the National Park System, leaving the Forest Service with the authority to grant the...more
Supreme Court Lifts Key Obstacle to Atlantic Coast Pipeline, but More Challenges Remain - "The U.S. Supreme Court has reversed a lower court ruling that held up construction on the Atlantic Coast Pipeline, which would...more
“Sometimes a complicated regulatory scheme may cause us to miss the forest for the trees, but at bottom, these cases boil down to a simple proposition: A trail is a trail, and land is land.” Justice Thomas, Opinion of the...more
FERC: No Rehearing on Potomac Pipeline - "A federal commission this week turned down a request to rehear its approval for a proposed natural-gas pipeline under the Potomac River." Why this is important: In 2018, the Federal...more
Copano Energy, LLC v. Stanley Bujnoch, Life Estate, et al. asked whether an enforceable easement had been established by email. The trial court and court of appeal said yes, holding in favor of landowner the Bujnochs....more
On February 24, 2020, the U.S. Supreme Court heard arguments on a critical permit needed for completion of the Atlantic Coast Pipeline, a controversial natural gas pipeline crossing the Appalachian Trail. Supporters of the...more
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
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
Today is a two-fer. The questions: When does the “merger doctrine” not work in Texas, and how do courts treat technological developments created after a contract becomes effective?...more
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
Email is the way we communicate these days. Whether emails create a contract is important if you’re thinking nothing short of a dead tree could ever bind anybody or, to the contrary, your goal is to establish an enforceable...more
The ET Rover Pipeline through Michigan, Ohio, West Virginia, and Pennsylvania suffers yet another environmental accident. I have documented past problems with the construction of the ET Rover pipeline. Last week, yet...more