News & Analysis as of

Subsurface Estates

Gray Reed

Ohio Federal Court Considers Subsurface Trespass

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Golden Eagle Resources II LLC v. Rice Drilling D LLC. presents a small step in the development of subsurface trespass law in Ohio. The federal court considered a motion to dismiss, in which it evaluated the sufficiency of the...more

Gray Reed

North Dakota Supreme Court Invalidates Pore-Space Statute

Gray Reed on

This seems to be the season for oil patch courts to return property to its rightful owners. Last week it was a regulatory taking by the City of Dallas. This week it is Northwest Landowners Association v. State of North...more

Gray Reed

Texas Supreme Court Reverses Subsurface Trespass Judgment

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Regency Field Services LLC v. Swift Energy Operating LLC, draws one’s attention to the difficult analyses that should be made before bringing a subsurface trespass claim....more

Gray Reed

Pennsylvania Rule of Capture Still Bars Subsurface Trespass Claim

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After a trial court order, two appellate opinions, a dissent, and another appellate opinion, the tension between a well operator and an adjacent mineral owner over whether hydraulic fracturing can constitute a subsurface...more

International Lawyers Network

Buying and Selling Real Estate in Argentina (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ARGENTINIAN LAW - I. INTRODUCTION. Below you will find a brief outline of the legal regulation of the acquisition of real estate property in Argentina, which is mainly governed...more

International Lawyers Network

Buying and Selling Real Estate in Argentina (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ARGENTINIAN LAW - I. INTRODUCTION. Below you will find a brief outline of the legal regulation of the acquisition of real estate property in Argentina, which is mainly...more

(ACOEL) | American College of Environmental...

Does The Mineral Owner’s Dominance Foreclose Environmental Advocacy by the Surface Owner?

Since the beginning of recorded mineral law, the owner of the mineral interests has enjoyed an elevated status in its relationship with the surface owner, resulting in the universally accepted notion that the mineral estate...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019 #2

Environmental Groups Accuse Multiple Mining Sites of Violating Federal Regulations - "Allegations of 'egregious' violations of the federal Clean Water Act and the Surface Mining Control and Reclamation Act could be...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019

Supreme Court Sides with Property Owners; Companies have No Right to Get Natural Gas Without Permission - "The Supreme Court said, 'A mineral owner or lessee has an implicit right to use the overlying surface to access...more

Gray Reed

Trespass But no Damages in a Texas Case

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What does it take these days to get money from a Texas jury? Not much, it seems; in XTO v. Goodwin the trick was convincing a higher court that you should keep it....more

Snell & Wilmer

Proposed Amendments to BLM’s Planning 2.0 Initiative Could Significantly Impact the Management of Public Lands

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On February 25, 2016, the United States Bureau of Land Management (“BLM”) published proposed amendments to its land use planning rules as a part of its “Planning 2.0” initiative that was launched in May 2015. The purpose of...more

Gray Reed

You Own the Oil. Do You Own the Rock?

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Riddle: What’s the difference between a hydrocarbon molecule and the underground structure which the molecule inhabits? Answer: In Texas, you can own one and not the other, according to Lightning Oil Co. v. Anadarko E&P...more

Carlton Fields

New Disclosures Required Regarding Subsurface Rights In Florida

Carlton Fields on

On May 12, Florida Governor Rick Scott signed into law CS/CS/CS/HB 489, regarding subsurface rights disclosures. The bill creates a new Section 689.29, Florida Statutes. Beginning October 1, 2014, a seller of residential...more

King & Spalding

Important Case on Subsurface Trespass Pending before the Texas Supreme Court

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Fluids associated with oil & gas production frequently move across subsurface property lines. For example, injected fracing fluids and disposed saltwater often move beyond the lease on which the particular injection well is...more

K&L Gates LLP

The Eyes of Texas are upon a Subsurface Trespass Case

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The Texas Supreme Court is now poised to decide whether subsurface migration of fluids from an approved injection well may constitute an actionable trespass under Texas common law. Recently accepting a petition for review in...more

BakerHostetler

Texas Supreme Court Set to Hear Case Involving Subsurface Trespass Claim

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Last week, the Texas Supreme Court agreed to hear a suit that could determine whether landowners in the state have a cause of action for trespass when water from underground injection wells migrates onto their property. The...more

Ballard Spahr LLP

Natural Gas Boom Fuels Requests for Partial Releases from Mortgage Liens

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Residential lenders and servicers are continuing to see a larger impact from the natural gas boom, and it is not just from properties hosting drilling operations. More lenders are seeing increasing numbers of borrowers...more

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