Contract Terms, Appeals, Mineral Rights

All Depths or Just One Formation? Court Clarifies Royalty Conveyance in Rock River v. Pioneer

McGinnis Lochridge on 5/15/2025

This recent case (Rock River Minerals, LP v. Pioneer Nat. Res. USA Inc., No. 08-23-00216-CV, 2024 WL 4528917 [Tex. App.—El Paso Oct. 18, 2024, no pet. h.]) explored whether an assignment of an overriding royalty interest,...more

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on 5/12/2025

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Lease Perpetuated Beyond Primary Term Without Production in Paying Quantities

Gray Reed on 5/18/2022

If perpetuation of a mineral lease beyond the primary term is contingent upon continuous operations, do traditional notions of “production in paying quantities” always matter? Spoiler: No....more

Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against...

Troutman Pepper Locke on 4/26/2019

Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) - Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land...more

Pennsylvania Court Rules that State Owns Minerals under Turnpike

Steptoe & Johnson PLLC on 3/13/2019

On March 5, 2019, the Pennsylvania Commonwealth Court issued an opinion in O'Layer McCready v. Dep't of Cmty. & Econ. Dev., No. 778 C.D. 2018, _ A.3d _ (Pa. Commw. Ct. Mar. 5, 2019), affirming a Board of Property ruling that...more

Opinions to Expect From the Texas Supreme Court

Gray Reed on 12/19/2017

The Texas Supreme Court recently heard oral argument in three intriguing oil and gas cases. Here’s what you need to know about two of them (We’ll address the third case soon)....more