News & Analysis as of

Oil & Gas Appellate Courts Mineral Leases

Houston Harbaugh, P.C.

Creating a Chasm or Filling a Void?

Houston Harbaugh, P.C. on

If you drive around Pennsylvania, you are likely not going to encounter a “For Sale” sign offering a cavern in the ground. But the voids, pore spaces, and cavities in the subsurface can be quite valuable now and in the...more

Oliva Gibbs

Coverting a “Fixed” to a “Floating” NPRI: What (If Anything) Does ConocoPhillips v. Hahn Add to the Conversation?

Oliva Gibbs on

In ConocoPhillips Co. v. Hahn, the Supreme Court of Texas addressed whether a “fixed” nonparticipating royalty interest (“NPRI”) was later converted to a “floating” NPRI. The court weighed two possible means of this...more

Houston Harbaugh, P.C.

Texas Appellate Court Rules That ‘Free of Cost’ Clause In 1960 Deed Prohibits The Deduction of Post-Production Costs

Houston Harbaugh, P.C. on

Let’s assume you own a 135 acre farm in Tioga County, Pennsylvania. In 2020, you negotiate a new oil and gas lease with XYZ Drilling Company. During the negotiations, you insist on a cost free, no deduction royalty of 17%. ...more

Roetzel & Andress

Court of Appeals Issues Significant Mineral Trespass Opinion Upholding Multi-Million-Dollar Future Damages Award

Roetzel & Andress on

On January 18, 2023, in TERA, LLC v. Rice Drilling D, LLC, et al., --- N.E.3d ----, 2023-Ohio-273, the Seventh District Court of Appeals issued a key decision concerning mineral trespass law in Ohio. The court of appeals...more

Houston Harbaugh, P.C.

Is Deducting Fuel Costs Authorized by Your Lease?

Houston Harbaugh, P.C. on

Deducting fuel costs from landowner royalties continues to be an ongoing and widespread practice. Not only are landowners denied a royalty on the fuel gas volume, but they are also having that same “cost” deducted from their...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

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