The Energy Law

JULY 1, 2021

Sheppard is a royalty dispute between several lessees, Devon Energy Production Co., concerning a novel royalty term that may have a huge impact on the way oil and gas royalties are paid in the future. The royalty clause at issue required the lessees to pay to the lessors 1/5th of the “gross proceeds” as a royalty.

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The Energy Law

JANUARY 24, 2007

The Associated Press reported today that a federal jury found Kerr McGee liable for additional royalties on crude oil produced from federal properties and sold through Texon. Kerr McGee had denied the allegations and claimed that no additional royalties were owed. Kerr McGee has indicated that intends to appeal the verdict.

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Oil and Gas Lawyer

JANUARY 13, 2025

In 2002 Hahn conveyed the tract to William and Lucille Gips, reserving an undivided one-half non-participating interest in and to all of the royalty [Hahn] now owns (same being an undivided one-half of [Hahn’s] one-fourth or an undivided one-eighth royalty) … Continue reading

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Producer's Edge

APRIL 30, 2025

Court Interprets “Free of Cost Forever” Royalty Language Broadly In this case ( Fasken Oil & Ranch, Ltd. Background: 1960 Deed and Royalty Dispute The dispute arose from a 1960 deed where B.A. Hyder , which also addressed a royalty provision with “cost-free” language. 30, 2024, no pet.

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Producer's Edge

MARCH 25, 2025

The lease royalty case Carl v. The lease provided for a royalty calculated based on the “market value at the well.” First, the lessor relied on a portion of the royalty clause indicating that royalty was due “on gas … produced from said land and sold or used off the premises.”

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Producer's Edge

MARCH 25, 2025

The lease royalty case Carl v. The lease provided for a royalty calculated based on the “market value at the well.” First, the lessor relied on a portion of the royalty clause indicating that royalty was due “on gas … produced from said land and sold or used off the premises.”

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Texas Oil & Gas Attorney

JUNE 14, 2024

In a recent case, the Texas Supreme Court considered whether interest on late royalty payments was supposed to be simple or compound interest. When Samson paid previously unpaid royalties to the Plaintiff, it included simple interest. In Samson Exploration, LLC v. Bordages, 662 S.W.3d 3d 501, 2024 (Tex.

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The Energy Law

APRIL 4, 2023

While 30:10 was amended during the 2022 legislative session, the amendment preserved the limited obligation of remitting the royalty and overriding royalty burdens to the nonparticipating owner for the benefit of the royalty and overriding royalty owners.

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The Energy Law

MARCH 7, 2023

In the 1920s—the time the deed at issue was executed—lessors commonly reserved a one-eighth royalty interest when they executed oil and gas leases. In addition to the estate misconception theory, the Court analyzed the “legacy of the one-eighth royalty.” The Texas Supreme Court recently released its opinion in Van Dyke v. Dils Co. ,

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The Energy Law

JUNE 8, 2020

With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. But the Court’s sporadic holdings regarding royalty clauses, each so specific to the particular language of the lease, have left lessees on unsteady footing. Heritage Res., 2d 118, 120-21 (Tex.

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The Energy Law

FEBRUARY 19, 2008

15, 2008), the Texas Supreme Court again addressed the propriety of class actions for gas royalty claims. The class affirmed the denial of two subclasses, but reversed the denial of a third subclass of royalty claimaints. Phillips Petroleum Co. , 03-0824 (Feb. The Court upheld the denial of class treatment.

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Valor

JUNE 11, 2025

Whether you own a single royalty interest or manage a large mineral portfolio, title curative work is essential to ensuring your ownership is properly documented and revenue flows without delay. Without it, operators may not pay royalties, you may not receive tax notices, and your asset’s value could be diminished.

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Producer's Edge

APRIL 30, 2025

Case Overview This recent case ( Rock River Minerals, LP v. The 1996 Assignment and Unit Agreement Michael Cass owned a 2.125% overriding royalty interest in certain leases that were part of the North Pembrook Spraberry Unit. Pioneer Nat. USA Inc. , 08-23-00216-CV, 2024 WL 4528917 [Tex. —El Paso Oct. 18, 2024, no pet.

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Vorys Energy

FEBRUARY 4, 2022

The Court held that the lessees’ payment of royalties based on amounts they received from sales to their affiliates at the well was proper and followed the language of the lease. By using the netback method to determine those royalties, “Plaintiffs’ royalties are based on the wellhead value of the gas sold.

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The Energy Law

MARCH 31, 2021

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. after deductions), resulting in lower royalty payments for the royalty owners.

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The Energy Law

FEBRUARY 22, 2024

Jan 12, 2024) concerns how three related provisions in an oil and gas lease interact: (1) a royalty clause; (2) a free-use clause; and (3) an off-lease clause. When parties to an oil and gas lease reserve royalties, they stipulate where those royalties are to be valued—sometimes referred to as the “valuation point”—in the royalty clause.

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The Energy Law

JANUARY 4, 2007

The Miesch case, set for argument on February 13, is one of two related cases decided by the Corpus Christi Court of Appeals last year. The royalty owners intervened and asserted claims against Exxon for, among others, common law waste, statutory waste, negligence per se, tortious interference, and failure to develop.

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The Energy Law

NOVEMBER 12, 2020

In a straightforward application of Louisiana’s prescriptive principles, the Louisiana Court of Appeal for the Third Circuit affirmed the trial court’s grant of exceptions of prescription, finding plaintiff’s claims for fraud, under the Louisiana Unfair Trade Practices Act (LUTPA), and for unpaid royalties all prescribed in Karen May v.

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Producer's Edge

DECEMBER 3, 2024

This article discusses a couple more cases in 2024. In each of these cases, one side successfully argued that the Van Dyke presumption applied, and the other side unsuccessfully argued that it was rebutted. Many anticipate that double-fraction cases will continue to steadily flow through Texas courts for the foreseeable future.

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Producer's Edge

APRIL 30, 2025

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 royalty interest (NPRI) into a floating NPRI. " The Gipses later leased the minerals to ConocoPhillips for a 1/4 royalty. ."

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The Energy Law

SEPTEMBER 21, 2016

On September 2, 2016, the Texas Supreme Court agreed to review three oil and gas cases involving issues pertinent to the industry and land and mineral owners. is another top-lease case from the Amarillo Court of Appeals. BP America Production Company v. Red Deer Resources, LLC In BP America Production Company v. Laddex, Ltd.

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The Energy Law

JUNE 18, 2015

The 5-4 decision, authored by Justice Hecht, is the latest in a series of cases from high courts across the country addressing the sharing of “post-production costs” between royalty owners and oil and gas lessees. 14-0302 , was highly anticipated, but left many of us scratching our heads. NationsBank , 939 S.W.2d 2d 118 (Tex.

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The Energy Law

JANUARY 12, 2017

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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Producer's Edge

NOVEMBER 1, 2024

The Texas Supreme Court heard oral arguments last week in a case that could substantially clarify, or even fundamentally reshape, the characterization and ownership of underground storage rights in Texas. The case was Myers-Woodward v. The case remains pending before the Texas Supreme Court on petition for review.

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The Energy Law

MARCH 31, 2021

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. after deductions), resulting in lower royalty payments for the royalty owners.

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The Energy Law

APRIL 3, 2023

When the dispute involves the nonpayment of royalties, the renewable energy lessee would be afforded 30 days to pay the royalties or respond in writing stating a reasonable cause for nonpayment (compare to La. compare to La. 122); The lessee of a renewable energy lease would be “bound to.

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Oil and Gas Investments

NOVEMBER 27, 2024

POTENTIALLY DISRUPTIVE LOW COST ECONOMICS IS A WINNER FOR FARMERS & INVESTORS Brazil Is Fastest Growing Potash Market But Imports 98% of It! A few weeks ago, Brazil Potash got a big endorsement from an unusual place its BIGGEST competitor. Brazil Potash is an up-and-coming potash producer with a mine under construction in Brazil. CHA CHA CHA!

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The Energy Law

JUNE 28, 2018

hands a victory to financiers of oil and gas operations and settles a long-running controversy over the amount of damages available for failure to pay mineral royalties. in unpaid royalties, plus an additional double damages penalty of $484,058.52. in unpaid royalties, plus an additional double damages penalty of $484,058.52.

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Producer's Edge

APRIL 30, 2025

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

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The Energy Law

JUNE 12, 2017

10] Gloria’s Ranch amended its petition to include a claim for failure to pay royalties on production in Section 15 (from the unit well drilled by Chesapeake). 11] The trial court also found that defendants failed to pay royalties in Section 15 and awarded Gloria’s Ranch the royalties owed plus punitive damages. [12]

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The Energy Law

NOVEMBER 12, 2020

In a straightforward application of Louisiana’s prescriptive principles, the Louisiana Court of Appeal for the Third Circuit affirmed the trial court’s grant of exceptions of prescription, finding plaintiff’s claims for fraud, under the Louisiana Unfair Trade Practices Act (LUTPA), and for unpaid royalties all prescribed in Karen May v.

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Producer's Edge

MAY 19, 2025

May 16, 2025), the Texas Supreme Court resolved two significant issues affecting mineral owners and surface owners: (1) who owns the empty caverns created by salt mining operations, and (2) how to calculate royalty payments on produced salt. Despite this substantial production, USM did not pay Myers any royalty. Can a Cavern Be Owned?

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The Energy Law

MARCH 31, 2021

Free-Use Clause and Further Interprets Conflicting Royalty Clause Provisions The Texas Supreme Court recently issued its anticipated decision in BlueStone Natural Resources II, LLC v. For almost a decade, the original lessee to the agreements never subtracted post-production costs from the royalty owners’ royalty payments.

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Producer's Edge

JUNE 4, 2025

the El Paso Court of Appeals reversed a trial court's summary judgment and held that post-closing "corrections" to overriding royalty assignments were invalid and unenforceable against a subsequent purchaser. —El Paso Jan. 28, 2025, no pet. The sales contracts addressed this extra up-to-5% interest through Section 8.1(iii),

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Oil & Gas 360º

MAY 12, 2025

The company holds 100% working interest and 98% net royalty interest across the greater BA-IX mining license at the Kiskunhalas project. for un-risked case. Full FDP results in capital expenditure from CHPE (2C case) of US$947.9 million, discounted at the same 10% rate.

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The Energy Law

JANUARY 25, 2008

12/19/07), the court addressed the payment of royalties and penalties under Mineral Code article 212.23(c) In exchange, the defendant agreed to transfer an overriding royalty interest in the subject prospect to the plaintiff in the event defendant acquired an interest in the prospect. In CLK Company, L.L.C. CXY Energy, Inc. ,

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Producer's Edge

JANUARY 27, 2025

In this case, CT Land and Cattle and Cattle Co., In this case, CT Land and Cattle and Cattle Co., Citing two Fifth Circuit cases, CT Land also argued that the burial provision ran with the land, meaning that it could be enforced by successive surface owners. —Amarillo June 28, 2024, pet.

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