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Energy & the Law

Monthly Archives: March 2012

What is the NPRI Owner’s Share of Production?

Posted in Land Titles

With apologies to Click and Clack, from time to time I will post ”puzzlers”, questions about title and similar issues that have no apparent answer.  Here is the first one:  Joe Bob Joiner owns a non-participating royalty interest under a tract.  The amount of interest he owns is tied to the amount of royalty stated in any lease affecting… Continue Reading

Fracking: Safe and Essential or an Environmental Hazard?

Posted in Hydraulic Fracturing

If you were wondering whether the debate over the safety and effectiveness of hydraulic fracturing has entered our national conciousness, check this out:    In a serious approach to the issue, the opinion magazine National Review recently joined in the conversation in a piece by Kevin Williamson, The Truth About Fracking – What the Protestors Don’t Know.  The focus is on the Marcellus… Continue Reading

Private Property Rights Rule Over Pipeline

Posted in Eminent Domain

In a vindication of landowners’ rights, the Texas Supreme Court prohibited a pipeline owner from using eminent domain to take private property.   In Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, the court said that a pipeline must show that it satisfies the requirements for common-carrier status before it will be allowed to… Continue Reading

More Title Work Needed? The PSA is Still Enforceable

Posted in Purchase and Sale Agreements

Maybe you’ve been there.  All signals are “go” for closing on your PSA.  Then the buyer chooses not to complete  the transaction.  What to do? A question your lawyer will think about when asked to enforce a purchase and sale agreement: Does it describe the property well enough to comply with the statute of frauds?  Preston Exploration… Continue Reading

Dallas Task Force Recommends Drilling Ordinance

Posted in Local Ordinances, Regulations

The Dallas Gas Drilling Task Force has issued recommendations for regulation of hydraulic fracturing.  The task force focused on zoning requirements, permitting requirements, air quality issues, and water-related issues.  A few highlights: Locations will be more difficult to find. Wells must be 1,000 feet from residences, churches, schools and other community buildings.  Setbacks of 500… Continue Reading