Excellent article by Shannon L. Ferrell, Professor at the Department of Agricultural Economics at Oklahoma State University, on negotiating solar leases. You can download it here.
Oil and Gas Lawyer Blog
Administrative Hearings in Texas: Three Recent Cases
Three recent cases illustrate a little known aspect of Texas law – administrative law and how it works, and doesn’t work. Although the cases don’t directly affect mineral owners, they show how different the Texas Railroad Commission’s administrative process is from other agencies’. Many disputes in Texas are resolved not…
Trial v. Dragon – The Duhig Doctrine and Estoppel by Deed
Herein of a case that will probably be of interest only to law professors and title attorneys. Leo Trial had six brothers and sisters. They inherited 237 acres in Karnes County. In 1983 Leo gave his wife Ruth one-half of his 1/7th interest in the property. In 1992, Leo and…
How to Identify and Resolve Your Oil and Gas Royalty Underpayments
Last week MineralSoft published a webinar in which I was interviewed by Jay Snodgrass, VP of MineralSoft, about royalty underpayments. You can listen to it here. I met Jay when MineralSoft was just getting started. It is a software company providing solutions for royalty owners to manage their interests. MineralSoft…
Juneteenth
Last Saturday our firm participated in the annual Austin parade celebrating Juneteenth, the day in 1864 it was announced in Texas that all slaves were free. The parade is the biggest in Austin, a celebration of freedom that has become a state holiday in Texas and 44 other states. June…
What Happens to Unclaimed Royalties?
A reader alerted me to a Texas Supreme Court mandamus proceeding about unpaid royalties, In Re The Estate of Ebbie Edward Allen, Jr., No. 19-0027. Lawyers for the Relator asked the court to require the Texas Comptroller to audit Chesapeake and require it to deposit royalties not paid to Mr.…
Burlington v. Texas Crude – another Supreme Court Case on Post-Production Costs
The Texas Supreme Court has denied motion for rehearing of its opinion in Burlington Resources Oil & Gas Company v. Texas Crude Energy, No. 17-0266. The case addresses deductibility of post-production costs in the context of an overriding royalty. The case may, however, have implications for post-production-cost deductions in oil…
Death of Eminent Domain Bill and Other Legislative Maneuvers
Senate Bill 421, reforming how pipelines exercise the power of eminent domain to condemn right-of-way, died at the end of the Texas legislative session after Rep. Tom Craddick sought to make amendments opposed by its author, Sen. Lois Kolkhorst. Kolkhorst said Craddick “seized the legislation” from its house sponsor and…
The TPLT Proxy War
A couple of years ago I wrote about the history of Texas Pacific Land Trust (TPLT), one of the largest landowners in Texas. The trust was formed out of the bankruptcy of Texas Pacific Railroad, which received 3.5 million acres of land in West Texas in consideration for building the…
Texas Railroad Commission Sued to Force Regulation of Pipeline Route
Hays County and the City of Kyle, and private landowners, have sued Kinder Morgan, the Texas Railroad Commission and its commissioners over the route for Kinder Morgan’s Permian Highway Pipeline, a gas pipeline 42 inches in diameter, set to cross through the Texas hill country and Hays County. The suit…