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Articles Posted in texas supreme court

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BPX v. Strickhausen: When does acceptance of royalty constitute ratification of a pooled unit?

Landowners are often faced with a conundrum: can they accept a royalty check if they believe it is in the wrong amount? Ms. Strickhausen owns a half interest in the minerals under a tract of land in La Salle County. Her minerals are subject to a lease owned by BPX…

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Due Process and the No-Extrinsic-Evidence Rule: Challenges to Default Judgments When Service Was By Publication

Governmental entities in Texas like school districts, municipalities, hospital districts, and counties rely heavily on property taxes to finance their operations. Mineral interests are real property interests, and when a producing well is drilled the owners of rights to production from the well, both the working interest and the royalty…

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End of a Decade: Rise of the Permian

Happy New Year. The decade now ending was the decade of the Permian Basin.  Its rise in production changed the US to a net oil exporter. Permian gas production, a byproduct of the search for oil, drove down gas prices and resulted in a frenzied effort to build pipelines to…

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Supreme Court Ducks Issue of Injection Well-Subsurface Trespass

On February 6, 2015, The Supreme Court of Texas released its second opinion in FPL Farming Ltd. (“FPL”) v. Environmental Processing Systems, L.C. (“EPS”).  The Beaumont court of appeals had held that injected fluids that migrate beyond the boundary of the land owned by the surface owner constitute a trespass on…

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