Austin represents Texas operators and non-operators in complex issues and disputes. He seeks practical solutions to avoid litigation, but adopts aggressive courtroom strategies when necessary.
The Texas Supreme Court held that vague notations on shut-in royalty check receipts cannot modify unambiguous lease terms, confirming that each $50 payment secured a full year of constructive production regardless of check receipt language.
A landowner’s failure to provide consent for surface use related to oil and gas operations does not necessarily preclude the lessee from conducting activities if the lease agreements allow surface use.
The Railroad Commission can’t determine property rights, so its operator records don’t establish whether a lessor holds a leasehold interest or is entitled to operate under an oil and gas lease. Ownership and operational rights are property-law issues.
General easements without a specified width should not be rewritten to include a fixed width. Instead, easements without a specified width allow for reasonable use as necessary for the easement’s purpose, without requiring a fixed width.
A lessee who halts production for less than 40 days and resumes without drilling or reworking does not terminate the lease. The continuous development clause keeps the lease active, and the cessation clause allows resumed production without triggering termination.
The Texas Supreme Court ruled that ratifying a lease doesn't change a fixed NPRI to a floating one. However, a subsequent stipulation between parties can modify the NPRI, rejecting the argument that an unambiguous deed cannot be altered by a later stipulation.
