Tackling Free-Use and At-The-Well Royalties
Lease royalty calculated on “market value at the well” held to bear a proportion of gas used off the lease premises as a form of post-production cost under the workback method...
Alejandra Salas
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Protecting Proprietary Information: Is a Confidentiality Agreement Enough?
Protecting proprietary information is a key concern for many businesses, and issues can arise when employees transition between competitors.
Who Can Enforce Surface Provisions in an OGL?
Mineral owners are often subject to general oil and gas lease forms that include provisions benefitting the surface estate. But, when they own no interest in the surface, who, if anyone, has the right to enforce those provisions?
Can PGP Qualify for Condemnation Authority?
The issue in this case was whether South Texas Pipelines LLC (“STX”), a subsidiary of Enterprise Products Partners L.P., had the power of eminent domain to condemn an easement across the appellants’ (“Landowners”) land for a new pipeline to transport polymer grade propylene (PGP).
The Continued Struggle to Rebut the Van Dyke Presumption
Following the Texas Supreme Court’s ruling in Van Dyke v. Navigator Group that courts interpreting “antiquated instruments” that use 1/8 within a double fraction must begin with the rebuttable presumption that 1/8 refers to the entire mineral estate, Texas courts have wrestled with its implications.
Post-Van Dyke Litigation Roundup
The legacy doctrine recognizes that during the “era” in which the deed in question was executed, “‘1/8’ was widely used as a term of art to refer to the total mineral estate.”