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Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

Producer's Edge

centered on whether a 1933 deed reserved a floating 1/4 royalty interest or a fixed 1/32 interest. Specifically, the deed’s language reserved “an undivided one-fourth (1/4th) of the usual one-eighth (1/8th) royalty.” Fasken Oil & Ranch, Ltd. , 11-22-00365-CV, 11-23-00001-CV, 2024 Tex.

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Texas Court Subjects Override to Non-Consent Penalties

The Energy Law

James Boldrick is an assignee of an overriding royalty interest in property subleased to BTA. BTA, the assignor and creator of Boldrick’s interest, elected non-consent status regarding the well at issue, proposed and drilled by Chevron. The District Court granted summary judgment in favor of BTA and Boldrick appealed.