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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The Energy Law

APRIL 4, 2023

The current proposed bill, however, would require operators to remit all royalty payments directly to the lessors on behalf of nonparticipating working interest owners prior to well payout, i.e., during the recoupment of costs, and the statutorily authorized risk charge.

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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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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. In short, the court held that mere ratification of a lease does not alter a fixed NPRI.

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The Energy Law

JANUARY 25, 2008

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. Next, the court noted the dearth of reported cases involving Mineral Code articles 212.21-23 at *8 (citing La. 31:212.21).

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The Energy Law

MARCH 15, 2023

2023), in which it held that lessees owed royalties in excess of their gross proceeds, specifically “adding back” costs incurred by third-party buyers that were enumerated in the sales contract and subtracted from the sales price. The Texas Supreme Court recently released its opinion in Devon Energy Production Company, L.P. 2d 118 (Tex.

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The Energy Law

JANUARY 18, 2011

Dunn-McCampbell Royalty Interest Inc. The case involved land in the Padre Island National Park, created in 1963. Nat’l Park Serv. , 09-40187 (5th Cir. The Service appealed the decision of the district court. The Service made two arguments on appeal.

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Producer's Edge

MAY 19, 2025

From this line of cases, the Court concluded that “we consider Texas law reasonably clear that underground storage space generally belongs to the surface owner absent a contrary agreement.” United States, 412 F.2d 2d 1319, 1323 (Ct. ” According to USM, a different rule should apply to hard minerals. Carter, 808 S.W.2d

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The Energy Law

MAY 10, 2010

—Tyler 5/5/2010), the Tyler Court of Appeals upheld a trial court’s findings of fact and conclusions of law with respect to the termination of an oil and gas lease for failure to pay shut-in royalty payments to the proper party. The case involved a dispute between the original lessee and a top lessee. In 1976, Karin H.

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The Energy Law

APRIL 19, 2021

The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) denied) (“ Eagle I ”), TRO-X alleged that Eagle deprived TRO-X of its right to acquire certain mineral interests upon the sale of several leases in violation of their agreement. TRO-X, L.P. , 18-0983, 2021 WL 1045723, at *1 (Tex.

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The Energy Law

JUNE 12, 2017

the Louisiana Second Circuit upheld a trial court’s ruling that the holder of a security interest in mineral leases was solidarily liable for damages under the Louisiana Mineral Code stemming from its mineral lessees/mortgagors’ actions. [1] in unpaid royalties and an additional double damages penalty of $484,058.52 4] $242,029.26

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The Energy Law

APRIL 19, 2021

The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) denied) (“ Eagle I ”), TRO-X alleged that Eagle deprived TRO-X of its right to acquire certain mineral interests upon the sale of several leases in violation of their agreement. TRO-X, L.P. , 18-0983, 2021 WL 1045723, at *1 (Tex.

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The Energy Law

NOVEMBER 7, 2014

Recently, when there was talk about Houston-based ATP Oil and Gas’ (ATP) legal problems, it was inevitably about its bankruptcy and its effort to bring the overriding royalty interests it had conveyed back into the bankrupt estate as debt instruments.

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The Energy Law

APRIL 7, 2020

Many LLC operating agreements provide for the issuance of additional membership interests or units, but may not provide for the issuance of a different class of membership interests or units. Preferred equity in these cases usually includes the right to vote for directors of a corporation or managers of an LLC.

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