News & Analysis as of

Oil & Gas Property Owners

Houston Harbaugh, P.C.

Landowners Should Ensure that Solar Farm Payments Retain Their Value Over Time

Houston Harbaugh, P.C. on

Leases for solar energy facilities offer property owners the potential for a predictable, long-term revenue stream. But, because of the potential decades-long duration of a lease for solar energy facilities, things like...more

Oliva Gibbs LLP

Pipelines and Property Rights: ETC Tiger Pipeline, LLC v. DT Mainstream, Inc. and DTM Louisiana Gathering, LLC

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The Louisiana Second Circuit Court of Appeal’s recent decision in ETC Tiger Pipeline, LLC v. DT Midstream, Inc. highlights the limitations of exclusive personal servitude owners’ rights relative to preservation and protection...more

Gray Reed

Update on Pennsylvania Subsurface Trespass

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Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more

Oliva Gibbs LLP

Third Time’s a Charm: Ohio Supreme Court Remands Case for Failing to Follow Instructions

Oliva Gibbs LLP on

In August 2016, AWMS Water Solutions, L.L.C., AWMS Holdings L.L.C., and AWMS Rt. 169, L.L.C. (collectively, “Appellants”) filed their original writ of mandamus to commence property-appropriation proceedings since, in their...more

Houston Harbaugh, P.C.

The Centerline Presumption – Who Really Owns the Oil and Gas Under Roads and Highways? (Part II)

A troubling and confusing issue here in Pennsylvania concerns the ownership of oil and gas rights under roads and highways. For example, let’s assume Farmer Joe owned 115 acres in Greene County. In 1981, Farmer Joe sells...more

Gray Reed

Court Addresses Questions in Trespass to Try Title/Adverse Possession Suit

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Fletcher v. Merritt resulted in several rulings on the proof required to prevail in a property dispute. Merritt filed a trespass to try title suit (actually a quiet title, which the court construed as TTT) against Fletcher...more

Gray Reed

Agreed Judgment and Division Order Don’t Avoid Double Royalty Payment

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So, you found all the heirs and you have an agreed judgment stipulating title. Time to pay royslties? Maybe. And you have signed division orders. Surely, you can pay now? Maybe. These were the questions facing the parties in...more

Gray Reed

Defense of a Deed Signed by a 12-Year-Old Fails

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Foreshadowing a grim future for family weddings and funerals, Bell and Petsch v. Petch is a property dispute over five tracts of land in Gillespie County, Texas, in which siblings are the combatants. The events are less...more

Gray Reed

Merger Clause Defeats Claim to the Farmhouse

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Barkley v. Connally, a “bet-the-farm” case if there ever was one, invokes the merger clause, a basic principle of contract law. Clients and lawyers: Read this analysis so as to avoid boundless grief and disappointment for...more

Gray Reed

Texas Landowner Enjoined from Interfering with Lessee’s Operations

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Davenport v. EOG Resources, Inc. is an appeal of a temporary injunction. The title tells you the result. Davenport owned four tracts comprising 5,000 acres in Webb County that were originally part of a larger tract...more

Houston Harbaugh, P.C.

Landowners Should Be Careful Before Making Representations About Prior Oil and Gas Development on their Property

Houston Harbaugh, P.C. on

Before signing oil and gas leases, landowners should pay close attention to lease provisions asking for warranties and representations about prior oil and gas development on the land. These provisions are often buried in a...more

Ackerman & Ackerman, P.C.

In cases involving partial takings of easements, just compensation must be based on the condemnor’s maximum possible use of the...

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

Houston Harbaugh, P.C.

Can Owners of Severed Oil and Gas Estates in Pennsylvania Lease Gas Storage Rights?

A dual purpose oil and gas lease transitions into its secondary term, and remains in its secondary term, if oil and gas is produced from the leasehold or if the leasehold is used for oil and gas storage. See, Smith v....more

Houston Harbaugh, P.C.

Coordinating Solar Farm Development With Oil and Gas Rights in Pennsylvania

Houston Harbaugh, P.C. on

Solar farm developers who do not enter into surface use agreements with Pennsylvania oil, gas and mineral owners (and their lessees) could create legal jeopardy for their solar farm projects. All surface developments in...more

Amundsen Davis LLC

Long-Term Impact of Solar Panels on Property

Amundsen Davis LLC on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Aboveground Storage Tanks/Responsibility for Regulatory Compliance: Administrative Challenge Filed to Pennsylvania...

A question that occasionally arises with petroleum underground storage tanks (“USTs”) and aboveground storage tanks (“ASTs”) is the various parties that may be responsible for complying with the relevant federal and state...more

Gray Reed

Were the Mineral Deeds a Gift or a Sale? It Made a Difference.

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The question presented in Aaron v. Fisher et al: Did mineral deeds bestow separate property upon the grantees by gift, or did they convey a community property interest to the grantees and their spouses by sale for...more

Gray Reed

Operator Escapes Liability For a Gas Kick and Resulting Fire

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The Texas Civil Practices and Remedies Code, Chapter 95, limits a property owner’s liability when an independent contractor hired to construct, repair, renovate or modify an improvement to the owner’s property brings a...more

Bennett Jones LLP

Alberta Court of Appeal Considers Claim of Pure Economic Loss

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The Alberta Court of Appeal recently considered the latest Supreme Court of Canada decision on pure economic loss in a decision involving a proposed class action for damages related to a pipeline spill. In its decision, the...more

Gray Reed

North Dakota Supreme Court to Hear Case on Pore Space Rights

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[Updated] The North Dakota Supreme Court will hear oral arguments on Thursday to consider who owns the right to the porous spaces within subsurface rock formations. The issue is over Senate Bill 2344, passed by the...more

Steptoe & Johnson PLLC

Ohio Supreme Court Decision Provides Further Clarity on the Common Law Distinction Between a Reservation and an Exception

On February 15, 2022, the Supreme Court of Ohio issued its decision in Peppertree Farms, L.L.C., et al. v. Thonen, et al., providing further clarity on the common law distinction between a “reservation” of a property interest...more

Roetzel & Andress

One Less Way for Ohio Landowners to Challenge Royalty Severances

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On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a deed...more

Lowndes

Mineral Reservations and Real Property in Florida

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It is not unusual to find mineral reservations in the chain of title to real properties located in Florida. When the State of Florida first conveyed title to state owned lands, it was customary for the state to reserve an...more

Gray Reed

Texas Court Accepts Only One Meaning of “Leased Premises” in an Oil and Gas Lease

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How many different meanings can parties attribute to a term in an oil and gas lease?  Answer: As many as they want, but the court will only use one, says King Operating et al v. Double Eagle Andrews, LLC et al....more

Gray Reed

Statute of Frauds Torpedoes an Overriding Royalty Sale

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Here we go  again, in Gary and Theresa Poenisch Family Ltd. P’Ship v. TMH Land Servs., Inc., learning that a purported Texas land transaction will not be enforced if the parties fail to comply with the Statute of Frauds....more

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