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Louisiana Third Circuit Addresses Payment of Royalties in Situations Involving Production Under a Mineral Lease Pursuant to a Conditional Allowable Prior to Unitization

The Energy Law

the Third Circuit addressed the question of whether or not a mineral lessee must pay its lessor full lease-basis royalties for production undertaken during the effective period of a conditional allowable but prior to the effective date of a unit order. [1] Anglo-Dutch Energy, L.L.C. , Anglo-Dutch Energy, L.L.C. , Anglo-Dutch Energy, L.L.C. ,

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Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

Producer's Edge

The Eastland Court of Appeals addressed, for the first time, the interpretation of a double-fraction royalty reservation in light of Van Dyke. Fasken Oil & Ranch, Ltd. , centered on whether a 1933 deed reserved a floating 1/4 royalty interest or a fixed 1/32 interest. The case ( Boren Descendants v. LEXIS 8405, at *1 (Tex.

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Who Owns the Void? Oral Arguments at SCOTX Regarding Underground Storage Rights

Producer's Edge

This case presents two critical questions: Who owns subsurface caverns created by salt mining operations, and How should in-kind royalties be calculated for salt production? As I recently summarized in my annual oil and gas law review (Austin W. Brister & Logan Jones, Oil, Gas & Mineral Law, 9 SMU ANN. West , 508 S.W.2d

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U.S. House of Representatives Passes Energy Bill

The Energy Law

Title I addresses the existing moratoria, future OCS access, exploration, production and royalty questions. per MMBtu, unless lease royalties were renegotiated with the Secretary , imposes Conservation of Resources Fee on nonproducing lease acreage of $3.75 House of Representatives passed Speaker Pelosi’s Energy Bill, H.R.

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Who Can Enforce Surface Provisions in an OGL?

Producer's Edge

filed) Mineral owners are often subject to general oil and gas lease forms that include provisions benefitting the surface estate. LLC sought to enforce a provision in a 1948 mineral lease requiring Unitex WI, LLC and Unitex Oil and Gas, LLC (Unitex) to bury pipelines on the ranch land surface CT Land acquired in 2013.

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Supreme Court of Texas Washes Out the “Anadarko Washout”

Producer's Edge

The so called “Anadarko Washout” involves a washout of oil and gas leases on undivided working interests owned by non-operating mineral cotenants. Anadarko failed to account to Cimarex for its 1/6th share of production, and Cimarex brought suit in February 2013. Anadarko Petroleum Corp., 3d 73, 93 (Tex. Trotti, 262 F.2d

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Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual Dispute over Share of Income on Production from Equitable Interests

The Energy Law

The Texas Supreme Court recently released its anticipated opinion in Eagle Oil & Gas Co. TRO-X”) and Eagle Oil & Gas Co. Eagle”) regarding their agreement to jointly acquire and sell oil and gas leases. In the first, Eagle Oil & Gas Co. In the first, Eagle Oil & Gas Co. Eastland 2013, pet.

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