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Now the case is before the Texas Supreme Court, with a recently submitted amicus brief containing the argument that could turn the tides back in the lessees’ favor. Now the case is before the Texas Supreme Court, with a recently submitted amicus brief containing the argument that could turn the tides back in the lessees’ favor.
Anything to the contrary herein notwithstanding, it is expressly provided that the terms of this paragraph shall be controlling over the provisions of Paragraph 3 of this lease to the contrary and this paragraph shall not be treated as surplusage despite the holding in the cases styled “Heritage Resources, Inc. NationsBank”, 939 S.W.2d
TotalEnergies E&P USA, Inc, et al. On February 1, 2022, the United States Court of Appeals for the Sixth Circuit affirmed the lower court’s decision in Zehentbauer Family Land, LP, et al. Moreover, the court observed that, as a consequence, “Plaintiffs’ royalties are based on those gross proceeds paid to the Lessee.
While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. If not superseded, BlueStone would be permitted to deduct post-production costs.
While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. If not superseded, BlueStone would be permitted to deduct post-production costs.
Plaintiffs alleged that despite advance knowledge of the likelihood for significant downstream flooding, SRA-L decided to open spillway gates freeing water from the reservoir into the Sabine River to alleviate elevated reservoir volumes from a cataclysmic rain storm in March of 2016.
With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. Heritage Resources is the underlying case that must be understood to decipher the Supreme Court’s logic as it continues to rectify the numerous creative royalty provisions across Texas today.
While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Factual and Procedural Background. Burlington Resources Oil & Gas Co., 3d 198, 211 (Tex.
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