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.”
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Challenge to Bankruptcy Asset Sale Held “Moot” Without Stay or Uncertainty
The United States Fifth Circuit recently delivered a victory for parties both Debtors in bankruptcy and purchaser of property from the Debtors’ estate by affirming that...
Are PSA/Allocation Wells “Pooling By Another Name”?
The current answer to this question is no. In R.R. Comm’n of Tex. v. Opiela, the Austin Court of Appeals concluded that PSA/allocation wells are not the same as pooling under Texas law.
Can a Production Sharing Agreement Override Surface Owner Consent? Hamilton v. ConocoPhillips Explored
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.
Production Disputes and Estoppel Claims Cloud Lease Termination in Milam County
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.
Royalty Recoupment: Operator's Primer for Recovering Overpayments
For oil and gas operators, few things are more frustrating than discovering you may have been overpaying royalties to a person or entity in your paydeck.