A pipeline company condemning property of a governmental entity? That’s something you don’t see every day. Score a win for “big pipe” against “big government”. In Harris County Fresh Water Supply District No. 61 v. Magellan...more
Louisiana’s compulsory pooling scheme seeks to balance the interests of individual landowners and oil and gas operators to promote responsible development of natural resources. Because of compulsory pooling, operators are not...more
We read the comments and listened in on portions of the historic April 14 hearing on the proposal that the Commission order market demand prorationing of Texas oil and gas production. Of the 120+ written comments, 51...more
Yet another entry in the Strip and Gore universe (2012’s “Beware of Strips and Gores”, and 2019’s “Strip and Gore 2: The Sequel”) comes to us from Fort Worth Court of Appeals: Richard D. Crawford v. XTO Energy, Inc....more
1/21/2020
/ Appeals ,
Energy Exploration ,
Grantors ,
Ingress/Egress ,
Land Titles ,
Mineral Leases ,
Mineral Rights ,
Oil & Gas ,
Real Estate Market ,
Transfer of Rights ,
Well Drilling
Our sympathies go out to those in the oilfield services industry in Texas—it looks like you got a lump of coal. In Mesa Southern CWS Acquisition v. Deep Energy Exploration Partners the Houston Court of Appeals upended the...more
12/31/2019
/ Contract Terms ,
Liens ,
Master Service Agreement ,
Mineral Exploration ,
Mineral Leases ,
Minerals ,
Oil & Gas ,
Public Policy ,
Void and Unenforceable ,
Waiver of Rights ,
Waivers ,
Well Drilling
The Fourteenth Court of Appeals in Houston recently issued an opinion that will have profound impacts on mineral liens and contractual provisions purporting to waive mineral liens. The question of whether or not a pre-work...more
12/31/2019
/ Appeals ,
Commercial Bankruptcy ,
Contract Terms ,
Liens ,
Master Service Agreement ,
Mineral Exploration ,
Mineral Leases ,
Minerals ,
Oil & Gas ,
Parent Corporation ,
Public Policy ,
Summary Judgment ,
Void and Unenforceable ,
Waiver of Rights ,
Waivers ,
Well Drilling
In Johnson et al vs. Chesapeake et al, unit operator Chesapeake deducted post-production costs (gathering, compression, treatment, processing, transportation and dehydration) from non-operating, unleased mineral owners’...more
Less than a year ago, we discussed the “Unanswered Questions” left in the wake of Devon Energy Prod. Co., LP v. Apache Corp. (which did answer the question, “Who is a ‘Payor’ Under the Texas Natural Resources Code?”). ...more
Marsha Ellison v. Three Rivers Acquisition, LLC, et al. reminds us what is required for an instrument to be a conveyance and what is required for a stipulation to be effective....more
In a case of first impression, on December 19, 2018, the San Antonio Court of Appeals held that Section 5.029 of the Texas Property Code (the “Material Correction Statute”) requires that correction instruments be executed by...more
We told you to “Beware of Strips and Gores” back in 2012 and today we bring you Green et al v. Chesapeake et al, the sequel. Unlike cinema’s greatest follow-ups, this entry feels more like an unneeded rehash of the original....more
In Texas losing a title dispute doesn’t mean you committed myriad heinous torts by asserting your rights in the first place. The test: Were you reasonable in bringing your colorable but not correct claim? So says Dorfman v. J...more
In 2016 Ridge contacted the McDaniels (Double Eagle’s predecessors) with an offer to “lease” their mineral interests in Winkler County. The McDaniels informed Ridge about a producing lease from 2004, and were assured that it...more
Like breaking into CIA headquarters, sneaking into the Vatican, or hanging off the side of the Burj Khalifa, sometimes getting the deal done seems impossible. The key to any successful mission is planning for disastrous...more
8/8/2018
/ Acquisitions ,
Article III ,
Asset Purchase Agreements ,
Breach of Contract ,
Breach of Duty ,
Contract Terms ,
Energy Sector ,
Fiduciary Duty ,
Partnerships ,
Profits Interests ,
Standing
Coke or Pepsi? Elvis or the Beatles? Left Twix or Right Twix? Fixed or floating royalty? Among the great debates of recent decades, few have proven quite as frustrating as the great “Fixed v. Floating” royalty debate in Texas...more
As promised, here is a more in-depth analysis of the recent Supreme Court of Texas opinion in TRO-X LP v. Anadarko Petroleum Corp.
...more