News & Analysis as of

Equitable Servitudes

Gray Reed

How Exclusive is an “Exclusive” Pipeline Servitude?

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In ETC Tiger Pipeline LLC v. DT Midstream Inc. et al. it was not as exclusive as the servitude owner wanted it to be.    ...more

Davis Wright Tremaine LLP

Oregon Court of Appeals Addresses Conversion of Golf Course Land to Residential Subdivision Over Protest of Homeowners Association

In desirable areas of the Pacific Northwest, including Portland, Seattle, and Central Oregon, disputes and concerns relating to land development, lack of developable property within urban growth boundaries, and the effects...more

Gray Reed

Louisiana Pipeline Intrusion Case Remanded to Determine a Remedy

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The baseball season might be in jeopardy, but litigants are swinging for the fences. In Mary v. QEP Energy, the parties entered into a Pipelins Servitude Agreement over Ms. Mary’s 160 acres. One of QEP’s pipelines extended...more

Law School Toolbox

Law School Toolbox Podcast Episode 317: Listen and Learn -- Covenants (Real Property)

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Welcome back to the Law School Toolbox podcast! This is another installment of our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're going to explore covenants, a type of...more

Gray Reed

Louisiana Federal Court Allows Injunctive Relief Under FERC Certificate of Public Convenience and Necessity

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Resistance was futile for defendants opposing a temporary injunction sought by a party armed with a FERC Certificate of Public Convenience and Necessity that includes condemnation rights under the Natural Gas Act....more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 133: Listen and Learn -- Covenants (Real Property)

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Welcome back to the Bar Exam Toolbox podcast! Today, we're going to explore covenants, a type of non-possessory interest in real property. You can find more on the topic of real property in episode 122, where we discuss...more

Gray Reed

Louisiana Servitude Extended by Good Faith Drilling

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The question in Cannisnia Plantation, LLC v. Cecil Blount Farms, LLC was whether a well was drilled in good faith in order to interrupt the running of prescription on a Louisiana mineral servitude....more

Gray Reed

Trespass Plaintiff: First, Prove Your Ownership

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Chauvin v. Shell Oil Company et al is the potful of legal unpleasantness that can be stirred up by landmen trying to buy easements, leases, and the like. A number of plaintiffs – descendants of grantors of two parcels of...more

Jones Day

Oil and Gas Industry Update: District Court Upholds Rejection of Sabine Gas Gathering Agreements

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In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp. (In re Sabine Oil & Gas Corp.), 2017 BL 83510 (S.D.N.Y. Mar. 9, 2017)—Judge Jed S. Rakoff of the U.S. District Court for the Southern...more

Gray Reed

What Price For a Louisiana Servitude?

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According to Enterprise Te Products Pipeline Company v. Avila, it is the value of the expropriated property, even if it is as little as 33 cents each to the landowners. This seemingly small case must have had big potential...more

King & Spalding

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

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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

Jackson Walker

Sabine Court Gives 'Non-Binding' Ruling That Gathering Agreements Are Not Covenants Running with the Land Under Texas Law

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After extensive briefing and hearing oral arguments related to Sabine's motion to reject two gathering agreements with Nordheim Eagle Ford Gathering as well as two gathering and handling agreements with HPIP Gonzales...more

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