Texas Law: The Fine Line Between Fixed Royalty Interest and Floating Royalty...
When parties enter into agreements concerning the conveyance of mineral royalty interests in Texas, it is extremely important that the language of the conveyance is clear and that the parties know...
View ArticleNew Tax Laws for Homeowners
The new Tax Cuts and Jobs Act signed into law by President Trump has important implications for Texas home owners. The National Association of Realtors provides a concise summary of the new law on its...
View ArticleTexas Court Addresses Damages When Plugging of an Oil Well Fails
When an oil and gas well is no longer producing (or if it needs major repairs but the production is not sufficient to justify the cost of repairs), Texas Railroad Commission rules require that the well...
View ArticleInduced Earthquake Studies: Are Disposal Wells To Blame?
The U.S. Geological Survey released an updated report (that you can read here) regarding the alleged link between induced earthquakes, defined as earthquakes triggered by commercial activities,...
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Texas Railroad Commission Adopts New “Call Before You Dig” Rules
Texas residents are required by law to call 811 before digging any deeper than 16 inches. Once that call is made, all companies with any pipelines, water lines or utility lines in that area come out...
View ArticlePetroleum Engineering Professor Critiques EPA Fracing Report at Texas Conference
As readers may recall, the US Environmental Protection Agency published a draft report in 2015 that concluded that there was no evidence that hydraulic fracturing (“fracing”) led to widespread,...
View ArticleCan You Terminate a Producing Oil and Gas Lease in Texas?
Mineral owners in Texas often sign oil and gas leases that include language that requires that oil or gas be produced in commercially paying quantities in order to keep the lease alive. When production...
View ArticleExecutive Rights Owner’s Duty in Texas
A recent Texas case decided by the San Antonio Court of Appeals, Texas Outfitters Limited, LLC v. Nicholson, offers some lessons on an executive rights owner’s fiduciary duties to the non-executive...
View ArticleTexas Slander of Title: What is the Proper Measure of Damages?
A recent Texas Supreme Court case, Allen-Pieroni v. Pieroni, teaches that the proper measure of damages for a slander of title suit is the difference between the lost contract price on the property and...
View ArticleWhen is a Texas Landlord Guilty of “Bad Faith” for Failure to Return a...
In a recent case, FP Stores Inc. v. Tramontina US, Inc., the Houston Court of Appeals provided guidance, for the first time, on what constitutes “bad faith” by a commercial landlord that fails or...
View ArticleInterpreting Texas Wills: “Farm Lands and Pasture Lands” Includes the Mineral...
In 1924, Cora McCrabb (along with two co-owners) owned 1,448.50 acres of farm and pasture land. In that same year, Cora executed her Last Will and Testament, bequeathing all of her “farm lands and...
View ArticleTexas Premises Liability
A recent case from the Houston Court of Appeals reminds us that, at least in Texas, if you are renting a house and you walk over broken concrete for months, you cannot sue your landlord if you fall on...
View ArticleTexas Statute of Frauds and The Partial Performance Exception
Under Texas law, the Statute of Frauds requires that contracts regarding the sale of lands be in writing. There are some exceptions to this “in writing” requirement, particularly if the buyer has...
View ArticleTexas Property Law: Adverse Possession Against a Co-Tenant
The recent case of Hardaway v. Nixon, decided by the San Antonio Court of Appeals, provides an example of the doctrine of adverse possession as it relates to co-tenants. The trial court granted summary...
View ArticleFraud, Justifiable Reliance and Texas Oil and Gas Leases
A January 2018 case from the Texas Supreme Court, JP Morgan Chase Bank, N.A. v. Orca Assets GP, LLC, the Court dealt with justifiable reliance which is an element of a common law fraud and negligent...
View ArticleTexas Property Law: The Essence of a Life Estate
In the recent opinion of Knopf v Gray, the Texas Supreme Court instructs as to the essence of a life estate under Texas law. Whatever specific words are used to create a life estate, a testator must...
View ArticleTexas Supreme Court Changes the Rule Against Perpetuities in the Oil and Gas...
In the case of ConocoPhillips Co. v. Koopmann the Texas Supreme Court held that the Rule Against Perpetuities (“the Rule”) did not void a 15-year non-participating royalty interest that was reserved in...
View Article“Retained Acreage” Clauses in Oil and Gas Leases Part I: Endeavor Energy
In two recent cases, the Texas Supreme Court reviewed what are called “retained acreage” clauses in gas and oil leases. Consistent with recent precedent, the Court instructs that these clauses are to...
View ArticleBeware the Unintended Consequences of Drilling Bans
Environmental groups in a number of states are pushing for ballot initiatives to ban or limit drilling for oil and gas. Most reasonable people, and I believe many oil and gas companies, agree that...
View ArticleThe Impact of Regulation on Texas Oil and Gas Production
The oil and gas production industry operates in a tough position. On the one hand, oil and gas production are critical economic drivers in the United States. Oil and gas generates hundreds of thousands...
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