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Dallas-based Elk Range Royalties said recently it acquired Newton Financial Corp., Collectively they own mineral and royaltyinterests across the Permian Basin in west Texas and Eagle Ford in south Texas. Elk Range buys mineral and royaltyinterests across multiple U.S. Concord Oil and Mission Oil.
In the 1920s—the time the deed at issue was executed—lessors commonly reserved a one-eighth royaltyinterest when they executed oil and gas leases. Eastland June 1, 2021). Element Petroleum Props., 11-21-00103-CV (Tex.
and Emilia Gutierrez Puig sold their ranch to Palafox Exploration Company while reserving a 1/16th non-participating royaltyinterest (NPRI) to be paid “free of cost forever.” 04-23-00106-CV, 2024 WL 4608591 [Tex. —San Antonio Oct. 30, 2024, no pet.
The Case In this recent case, the Texas Supreme Court resolved whether ratification of a lease or signing of a stipulation agreement could transform a fixed non-participating royaltyinterest (NPRI) into a floating NPRI. In short, the court held that mere ratification of a lease does not alter a fixed NPRI. Ellison , 627 S.W.3d
18-0983, 2021 WL 1045723, at *1 (Tex. 19, 2021) (“ Eagle II ”). Factual and Procedural Background TRO-X and Eagle entered into an agreement to buy and sell certain leases, sharing the cash and mineral interest proceeds derived from such sales (the “Agreement”). TRO-X, L.P. , TRO-X”) and Eagle Oil & Gas Co.
18-0983, 2021 WL 1045723, at *1 (Tex. 19, 2021) (“ Eagle II ”). TRO-X and Eagle entered into an agreement to buy and sell certain leases, sharing the cash and mineral interest proceeds derived from such sales (the “Agreement”). The Texas Supreme Court recently released its anticipated opinion in Eagle Oil & Gas Co.
2021), the Court reiterated that "the surface owner, and not the mineral lessee, owns the possessory rights to the space under the property's surface." " • The Fifth Circuit similarly held for the surface owner in Dunn-McCampbell Royalty Int., Anadarko E&P Onshore, LLC, 520 S.W.3d 3d 39, 49 (Tex.
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