News & Analysis as of

Surface Owner

Federal Court in Ohio Rejects Another Attack on Ohio Supreme Court’s Ruling on the Ohio Dormant Mine

by Reed Smith on

An Ohio federal court recently rejected an attempt by surface landowners to avoid and limit the holding in Corban v. Chesapeake Exploration, L.L.C., the landmark 2006 opinion from the Ohio Supreme Court that held that the...more

Denial of Surface Access is Sufficient to Trigger Broadly Worded Force Majeure Clause in Oil and Gas Lease

by Reminger Co., LPA on

In a decision interpreting the force majeure clause of an oil and gas lease, the Seventh District Court of Appeals of Ohio in Haverhill Glen, LLC v. Eric Petroleum Corporation, Slip Opinion No. 2016-Ohio-8030, ruled that the...more

Attempt to Avoid Ohio Supreme Court’s Ruling in Corban Rejected by Federal Court in Ohio

by Reed Smith on

After the Ohio Supreme Court’s September 15, 2016, decision in Corban v. Chesapeake Exploration, L.L.C., 2016-Ohio-5796, held that the 1989 Ohio Dormant Mineral Act was not self-executing – meaning that the surface was not...more

Texas Supreme Court Discusses Rights Conveyed by a Mineral Lease

The recent Lightning Oil Company v. Anadarko E&P Onshore, LLC F/K/A Andarko E&P Company, LP, decision of the Texas Supreme Court, which clarified the rights and obligations of owners of the surface property and the mineral...more

Drill on Through to the Other Side: No Trespass When Drilling Through Mineral Estate with Surface Use Agreement

by Blank Rome LLP on

Action Item: The Texas Supreme Court annunciated two critical points in Lightning Oil Co. v. Anadarko E&P Onshore: (1) unauthorized interference may be a trespass only when it impacts the mineral lessee’s ability to exercise...more

Texas Subsurface Trespass Law Clarified

by Gray Reed & McGraw on

We know that in Texas the mineral owner has the right to explore for and produce the minerals. What does that leave for the surface owner? In Lightning Oil Company v. Anadarko E&P Onshore, LLC the Texas Supreme Court tells us...more

Recent Supreme Court of Ohio Rulings May Alter the Status of Dormant Mineral Rights Throughout the State

by BakerHostetler on

The Supreme Court of Ohio recently brought clarity to issues plaguing the holders of both mineral and surface rights for years by addressing two questions: When does the owner of dormant mineral rights abandon those rights?...more

Ohio Supreme Court Decides Dormant Mineral Act Cases

by Reed Smith on

On September 15, 2016 the Ohio Supreme Court issued three opinions providing long-awaited clarity to Ohio’s Dormant Mineral Act (“ODMA” or “Act”). Most notably, the court ruled that the 1989 ODMA did not automatically allow...more

A Railway Is Not a Mine: Ontario Court of Appeal Rules on Surface Rights in Unpatented Mining Claims

On February 24, 2016, the Ontario Court of Appeal released its decision in 2274659 Ontario Inc. v. Canada Chrome Corporation, confirming the interpretation of sections 50 and 51 of the Ontario Mining Act (Act) as they relate...more

What if a Partition Deed Doesn’t Consider the Minerals?

by Gray Reed & McGraw on

Did Moses worry about the mineral rights when he parted the Red Sea? Maybe Charlton Heston knows. What we know is that 3,500 years later if you plan to partition surface rights, the time to pay attention to the minerals is...more

Pennsylvania Superior Court Affirms Striking of 24-Year-Old Default Judgment, and Holds That Leasing Is Not Enough to Claim...

by McGuireWoods LLP on

The development of the Marcellus Shale in Pennsylvania has led to a number of disputes about historical judgments that purportedly divested reserved oil and gas rights from their owners. During the 20th century, surface...more

Beneath the Surface: Entek GRB, LLC v. Stull Ranches, LLC and the Continuing Battle Between Surface Owners and Subsurface Owners

by Snell & Wilmer on

On August 14, 2014, the Tenth Circuit vacated and remanded the lower court’s decision regarding a dispute between a surface owner’s and a subsurface owner’s respective rights to access and enjoy land and property rights. ...more

Listen to the Words In the Injunction Battle

by Gray Reed & McGraw on

In Lightning Oil Company v. Anadarko E&P Offshore, LLC, the surface and 1/6 of the minerals of the Chaparral Wildlife Management Area is owned by the Texas Parks and Wildlife Department. 5/6th of the minerals is owned by the...more

Partition Suit Decision Could Be Problematic for W.Va. Oil & Gas Operators

Based on a recent decision in West Virginia’s 3rd Judicial Circuit, which includes Doddridge, Pleasants and Ritchie counties, the use of litigation in the form of partition suits may be more problematic than it otherwise has...more

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

by 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

Reseeding With Native Grasses After Operations – Keeping The Eagle Ford Native

by Gray Reed & McGraw on

How is a producer to deal with a demanding and formidable lessor’s insistence on stringent surface protection? How about demands from environmental groups and government entities?...more

The Shale Play Today - June 2013

In This Issue: - Yours, Mine or Ours? Morgan Clarifies Surface Versus Mineral Ownership in W. Va. - In Northwestern Pa., Gas Drilling Targets Utica - 2012 Pa. Impact Fees - Shale Oil & Gas Estimates...more

Must An Oil And Gas Lessee Accommodate A Cattle Operation?

by Gray Reed & McGraw on

At Looper Reed we advise our clients that it is good business to accommodate your neighbor informally, if you can. Sometimes that leads to attempted world domination, as Chamberlain learned from Hitler in 1938....more

The Shale Play Today - November 2012

In This Issue: - Independent Natural Gas Producers Challenge EPA Air Rules - W.Va. High Court Weighs in on Surface Owners' Appeal Rights - Insuring Your Growing Assets in the Appalachian Shale Gas Plays -...more

High Court Weighs In on Surface Owners’ Appeal Rights

In Martin v. Hamblet, decided November 21, 2012, the West Virginia Supreme Court of Appeals determined that a surface owner may not appeal issuance of a well work permit by the Department of Environmental Protection for a...more

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