News & Analysis as of

Royalties Contract Terms Mineral Extraction

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Gray Reed

Federal Court Distinguishes Devon v. Sheppard

Gray Reed on

Producers disappointed by the Supreme Court’s holding in Devon Energy Production v. Sheppard might have reason to feel vindicated. The question in HL Hawkins Jr., Inc. v. Capitan Energy Inc. et al. was whether producer...more

BCLP

Recent decisions affecting US mineral and royalty owners

BCLP on

While the unexpected and unpredictable commodity price swings over the last year have undoubtedly captured the attention of mineral and royalty owners across the United States, careful attention should also be paid to a few...more

Gray Reed

Texas NPRI Not Diminished by Pooling Ratification

Gray Reed on

The takeaway from Hahn v. ConocoPhillips Company is that in Texas a NPRI holder may not diminish his rights by ratifying pooling of an oil and gas lease unless there are provisions explicitly purporting to do so....more

Jones Day

Supreme Court of New South Wales Rules on Mineral Sales Royalties Default

Jones Day on

Default in paying monthly mineral sales royalties leads to an obligation to pay up front the present value of future royalties. A decision (Thalanga Copper Mines Pty Ltd v Cromarty Resources Pty Ltd [2021] NSWSC 640 (4 June...more

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