News & Analysis as of

TX Supreme Court Land Owners

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more

Houston Harbaugh, P.C.

Texas Supreme Court to Address the Obligation to Calculate Royalty on Gas Used to Fuel Off-Lease Operations

Houston Harbaugh, P.C. on

Let’s assume you own 165 acres in Tioga County. In 2019, you sign a new oil and gas lease with ABC Drilling. You negotiate an 18% net royalty. The royalty clause, however, requires ABC Drilling to calculate the royalty on...more

Houston Harbaugh, P.C.

Texas Supreme Court Rules That Scheduling Mistake Does Not Qualify as Force Majeure Event

Houston Harbaugh, P.C. on

Let’s assume you signed a new oil and gas lease with XYZ Drilling in August 2018 (the “2018 Lease”). Your lease contains a “continuous drilling” clause which requires XYZ Drilling to commence a new well within ninety (90)...more

Houston Harbaugh, P.C.

Texas Supreme Court Rules That 1924 Deed Conveyed One Half Of The Oil and Gas Estate

Houston Harbaugh, P.C. on

The calculation of production royalties and the deduction of post-production costs remains a controversial topic here in Pennsylvania. As we have written before, there is another frustrating and often confusing...more

Houston Harbaugh, P.C.

Texas Supreme Court Rules That Post-Sale Costs Must be Added Back to Gross Proceeds Calculation

Houston Harbaugh, P.C. on

Let’s assume you own 185 acres in Washington County. In 2020, you negotiate a new oil and gas lease with ABC Drilling. During the negotiations, you insist on a “gross royalty” which prohibits the deduction of post-production...more

Husch Blackwell LLP

Proposed Texas Bullet Train Has Eminent Domain Authority

Husch Blackwell LLP on

On June 24, 2022, the Supreme Court of Texas held that Texas Central Railroad & Infrastructure Inc. and its related entities have eminent domain authority to acquire property for a proposed high-speed rail between Dallas and...more

Gray Reed

Tax Foreclosure on Royalty Did Not Include Possibility of Reverter

Gray Reed on

Ridgefield Permian, LLC, et al. v. Diamondback E & P LLC, et al. addresses the scope of a property interest foreclosed upon by a tax suit in Reeves County, Texas. In this post we will shortcut the complicated facts and...more

Husch Blackwell LLP

Texas Supreme Court Denies Review Of Challenge To Texas Central's Eminent Domain Power

Husch Blackwell LLP on

On June 18, 2021, the Texas Supreme Court issued a denial notice to a landowner’s request for review challenging the Thirteenth Court of Appeal’s finding that Texas Central Railroad & Infrastructure, Inc. (Texas Central) has...more

Gray Reed

A Different Lesson in Property Stipulations

Gray Reed on

The Texas Supreme Court in Concho Resources, Inc. v. Ellison enforced a boundary stipulation involving an unambiguous deed about which there had been no dispute. You can refer to our earlier post to understand the facts, the...more

Gray Reed

Texas Easement Not Modified By Email

Gray Reed on

Copano Energy, LLC v. Stanley Bujnoch, Life Estate, et al. asked whether an enforceable easement had been established by email. The trial court and court of appeal said yes, holding in favor of  landowner the Bujnochs....more

Jackson Walker

Texas Supreme Court Reaffirms Validity and Scope of General Easements

Jackson Walker on

Friday, February 28th, in Southwestern Electric Power Company v. Lynch et al., the Texas Supreme Court decided a hotly contested case regarding the interpretation of “general easements.” In Texas, the term “general easement”...more

Baker Donelson

Texas Supreme Court Denial of Review Could Impact / Dissuade Health-Based Tort Claims Involving Neighboring Oil and Gas Activities

Baker Donelson on

On December 2, 2016, the Texas Supreme Court denied review in Cerny v. Marathon Oil Corp., leaving in place the decision of the Fourth Court of Appeals, affirming summary judgment for the defendants and finding that the...more

Gray Reed

Texas Supreme Court Clarifies Nuisance Law

Gray Reed on

Gardiner v. Crosstex North Texas Pipeline LLC, has brought clarity to Texas nuisance law. It took the Texas Supreme Court 54 pages; we have it in under 600 words. ...more

Pillsbury - Gravel2Gavel Construction & Real...

When Contract is Silent, Accommodation Doctrine Applies to Water Rights Disputes

A case that has been closely followed by oil and gas and other interests which involves groundwater disputes has now been decided by the Texas Supreme Court. In Coyote Lake Ranch, LLC, v. The City of Lubbock, decided on May...more

BakerHostetler

Texas Supreme Court to Decide Whether Groundwater Estate Should Be Granted Accommodation Status Similar to Mineral Estate

BakerHostetler on

On October 14, 2015, the Texas Supreme Court heard argument in a case styled Coyote Lake Ranch, LLC v. The City of Lubbock, which dealt with the question of whether the accommodation doctrine should apply when a groundwater...more

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