News & Analysis as of

Mineral Rights Surface Owner Mineral Leases

Holland & Knight LLP

Texas Supreme Court: Subsurface Storage Rights Generally Belong to Surface, Not Mineral Owner

Holland & Knight LLP on

The Supreme Court of Texas has provided helpful guidance as to ownership of subsurface storage rights and pore space. In the recent holding in Myers-Woodward, LLC v. Underground Services Markham, LLC, the court held that "the...more

Houston Harbaugh, P.C.

Who Owns the Produced Water From Oil & Gas Operations?

Houston Harbaugh, P.C. on

Although historically viewed as a waste, produced water that comes to the surface as part of the oil and gas production stream now potentially has value. Produced water can be recycled and reused as part of hydraulic...more

Roetzel & Andress

What is “Reasonable Diligence” Under the DMA? The Ohio Supreme Court Offers More Guidance to Landowners

Roetzel & Andress on

On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment. ...more

Roetzel & Andress

Ohio Supreme Court Provides Guidance On Key Marketable Title Act Issue Regarding Preservation Of Severed Mineral Interests

Roetzel & Andress on

On March 16, 2021, the Supreme Court of Ohio issued another important opinion in the ongoing tug of war between surface landowners and severed mineral owners over the ownership of valuable mineral rights in Ohio. In Erickson...more

Bricker Graydon LLP

Ohio Supreme Court issues another major decision for surface and mineral owners in Ohio

Bricker Graydon LLP on

On December 17, 2020, just days after its decision in West v. Bode (previously summarized by Bricker attorneys), the Ohio Supreme Court issued another major decision for surface and mineral owners in Ohio. In Gerrity v....more

Gray Reed

Partition Agreement Outweighs Coal Surface Destruction Test

Gray Reed on

In Wheeler et al v. San Miguel  Electric Cooperative, we learn – again – the difficulty in asserting a position in litigation that is contrary to the actual words in the agreement you are fighting over....more

Gray Reed

Family History Guides Interpretation of a Texas Will

Gray Reed on

Generally, if your will leaves your beloved “all … right, title and interest in and to”, said beloved would receive the entirety of your interest, whether a surface estate, mineral estate, or both. But in ConocoPhillips, et...more

(ACOEL) | American College of Environmental...

Does The Mineral Owner’s Dominance Foreclose Environmental Advocacy by the Surface Owner?

Since the beginning of recorded mineral law, the owner of the mineral interests has enjoyed an elevated status in its relationship with the surface owner, resulting in the universally accepted notion that the mineral estate...more

BakerHostetler

Recent Supreme Court of Ohio Rulings May Alter the Status of Dormant Mineral Rights Throughout the State

BakerHostetler on

The Supreme Court of Ohio recently brought clarity to issues plaguing the holders of both mineral and surface rights for years by addressing two questions: When does the owner of dormant mineral rights abandon those rights?...more

Bennett Jones LLP

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

Bennett Jones LLP on

In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more

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