- Property acquired by either spouse during the marriage is community property unless it is separate property.
- Property owned or claimed by
Department of the Interior Fails to Give Fair Notice of its Administrative Action
If you are the type to be preoccupied with the nuances (drudgery if you prefer) of federal statutory and regulatory interpretation, or if you have a fetish for acronyms, I recommend that you read all 41 spellbinding pages of W&T Offshore v. U S Department of the Interior. The rest of us will dig into
Texas Royalty Owner Bears Postproduction Costs on Gas Sold at the Wellhead
Co-author Gunner West
City of Crowley v. TotalEnergies E&P USA, is a post-production cost (PPC) case with a predictable result. The Fort Worth Court of Appeals confirmed its reasoning in Shirlaine W. Props. Ltd. v. Jamestown Res., L.L.C from 2021, that under a market-value oil and gas lease, gas sold at the wellhead means
Oral Promises, Paper Truths in a Texas Mineral Transaction
Co-author Gunner West
The Texas Supreme Court in Roxo Energy Company, LLC v. Baxsto, LLC reinforced a fundamental contract principle: when fully integrated agreements plainly conflict with prior oral representations, reliance on those inconsistent prior oral statements is unjustifiable as a matter of law. In other words, a party to a contract cannot justifiably rely
Texas Court Splits Family Timber Land Over Heir’s Objections
Co-author Gunner West
“He who comes for the inheritance is often made to pay for the funeral”.* When heirs inherit property together and can’t agree on its use, Texas courts strongly prefer dividing the land physically rather than forcing a sale, even when one owner wants to cash out.
A Lesson on How Not to Recover an NPRI in Texas
Co-author Gunner West
It seems to be fairly well settled that you can’t use trespass-to-try-title to recover a nonpossessory royalty interest in Texas. What if you call the interest a “mineral interest stripped of every attribute except the right to receive royalty”? The result is the same; you can’t.
Limitations and Standing to Sue Dry Up Landowners’ Claim to Texas Riverbed
State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits. Spoiler alert: To the chagrin of the landowners, waiting over 30 years to assert your takings claim is not the best course of action.
The facts
In 1965
Another Louisiana Post-production Cost Case … and More
Dow Construction, LLC v. BPX Operating Company resolved a bundle of issues arising out of a drilling unit established by the Louisiana Commissioner of Conservation: who has the right to a drilling cost report, the operator’s right to deduct post-production costs, forfeiture of the operator’s right to reimbursement of drilling costs, and prescription.
The facts
It’s Been Decided, In Texas the Mineral Lessee, Not the Surface Owner, Owns Produced Water
Co-author Stephen Cooney
In Cactus Water v. COG Operating, the Supreme Court affirmed that mineral lessee COG, not water rights owner Cactus (who derived it rights from the surface owner), has the right to possession, custody, control, and disposition of constituent water in liquid waste – so-called produced water – from its hydrocarbon production.
Ambiguity Frees Louisiana Royalty Owner From Post-Production Costs
- Royalty on gas