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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.
(Oil & Gas 360) – Publisher’s Note: CanCambria Energy will be presenting at EneCom Denver – The Energy Investment Conference on August 17-20, 2025. The company holds 100% working interest and 98% net royaltyinterest across the greater BA-IX mining license at the Kiskunhalas project.
17, 2023), in which it re-affirmed the axiomatic principle that a text retains the same meaning in the present day as when it was drafted. 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. Navigators Grp. , Dils Co. , 2d 904 (Tex.
Viper Energy (VNOM) presents a compelling case for investors seeking exposure to the energy sector through a mineral rights business model. Post-deal, Viper will have exposure to 75 percent of Diamondback’s planned wells over five years, with a 6 percent net royaltyinterest.
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.
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.
—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.
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. First, USM did not own the salt formations—only the salt itself.
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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