Appeals, Jurisdiction, Property Owners

Ambiguity Frees Louisiana Royalty Owner From Post-Production Costs

Gray Reed on 7/2/2025

In Franklin v. Regions Bank the Fifth Circuit concluded that a royalty clause in a mineral lease resulted in a gross proceeds royalty; the royalty owners did not bear their proportionate share of post-production costs. Read...more

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/30/2025

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

Recreational Land Rights Upheld by the Privy Council

Walkers on 6/24/2025

Walkers have represented the owners of almost 200 residential properties in a successful appeal to the Judicial Committee of the Privy Council concerning the enforceability of recreational golf and beach access rights. ...more

Will the Ohio Supreme Court Clear up the Muddy Waters of the DMA?

Oliva Gibbs on 3/26/2025

Within the Ohio Dormant Mineral Act (hereinafter, “DMA”), there is often a question of the diligence a surface owner should employ when seeking the mineral owner to declare the mineral interest abandoned. The oft-cited case...more

When the Rubber Doesn’t Meet the Road: Ohio Supreme Court Sends Eminent Domain Dispute over Park Bike Path Back to Trial Court

Bricker Graydon LLP on 8/2/2023

The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

Womble Bond Dickinson on 12/13/2017

A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

A CEQA Trustee Agency “Muscles Up”: Third District Holds Department of Fish and Wildlife’s Newly Exercised Power To Require Notice...

Miller Starr Regalia on 6/16/2015

Under CEQA, a “trustee agency” is a “state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California” and “[t]he California Department of...more

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