The prospect generator’s worst nightmare is presented in Southwestern Energy Production Co. v. Berry-Helfand and Muncey. I will over-simplify the facts: Hefland and Muncey toil for years generating James Lime prospects in a five-county area in East Texas. They show it. Dry holes are drilled. More data is generated. They show it many times
Old Rules Are Learned Anew in Louisiana Servitude Case
Occasionally in my litigation experience I’m reminded of time-honored rules of law. Often I’m pleased, sometimes I’m not. So it was, I assume, for the parties in Midnight rilling, LLC v. Triche et al .The Rules
In Louisiana
Four Horsemen of the Environmental Apocalypse
In the Book of Revelation, the really scary guys were the four horsemen. Now, as then, some would have you believe that the end times are upon us. This time it is because of fracking. Is it really? Absent from many discussions about oil and gas drilling are fairness and objectivity. In their place are
Title Troubles in Texas, North Dakota and Montana: Mineral Reservations to Third Parties
Comparative Title Analysis in Texas, North Dakota and Montana co-authored by Katie English and Taylor Lamb
The Title Question
Harold Smith, the owner of Blackacre, and his wife, Wendy Smith, execute a deed covering all of their interest in Blackacre to Tiger Drilling. The deed reserves to Harold and Wendy a 50% mineral interest. Does
Federal Agencies Go After “Misclassified” Landmen
Co-author Michael Kelsheimer
Are your landmen independent contractors? Are they employees? What do they look like to the government?
Why should you care about these questions? Because your government cares. When independent contractors do not report all of their income, or take questionable deductions to reduce their earnings, Uncle Sam is deprived of income, FICA,
When Is the Client Liable for the Acts of the Independent Landman?
Co-author Brooke Sizer
PanAmerican Operating Inc. v. Maud Smith Estate highlights the perils of working through independent landmen: maintaining enough control to be sure the work is done as you like it, but also wanting authority to disavow his actions should you desire.
PanAmerican hired an independent contractor, Wormser, to obtain oil and gas leases
Several Lessons for Louisiana Royalty Owners
Ross et al v. Enervest Operating, L.L.C. et al has several teachable moments for Louisiana royalty owners.
“Nice to Meet You” is Not a Demand
Under the Louisiana Mineral Code, a lessee is entitled to written notice from the lessor that royalties are due. The court concluded that such a notice must be more than
Vetoed Foreclosure Bill Will Return
Co-author Travis Booher.
All legislation is not good legislation. The good news is that some of it fails. Such is the case with H.B. 2590 passed by the 2013 Texas legislature but vetoed by the Governor. We mention it because it will be back in the next session.
The Bill, “An act relating to
Title Troubles in Texas, North Dakota and Montana: Conveyances to “Blind Trusts”
Comparative Title Analysis in Texas, North Dakota and Montana. Co-authored by Katie English and Taylor Lamb
The Title Question
Your title examiner often encounters a conveyance to an individual “as Trustee” with no Trust specified in the instrument. For example, the Mineral Deed conveys all right, title and interest in Blackacre to “Harold Smith, Trustee,”
Ambiguity Sends an Overriding Royalty Dispute Back to the Trial Court
Co-author Bill Drabble
It must be maddening to non-lawyers that a large segment of an industry can operate in harmony by agreeing that a contract in widespread use means one thing, only to have party-crashers decide it means another. Total E & P U.S.A., Inc. v. Kerr-McGee Oil & Gas Corp. et al arose out