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Louisiana First Circuit Applies Subsequent Purchaser Doctrine to Property Transfer Involving Closely Held LLC

The Energy Law

The subsequent purchaser doctrine has been litigated extensively in Louisiana legacy cases involving claims for oilfield remediation. In 2009, several of the Bailey family members formed New 90, LLC to manage this and other family-owned property. The trial court agreed and dismissed all of New 90’s claims.

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Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code Article 140 for Failure to Pay Royalties

The Energy Law

6] On September 1, 2009, Gloria’s Ranch executed a top lease to Chesapeake on the property in Section 21. [7] 7] In November of 2009, Tauren assigned the deep rights (all depths below the base of the Cotton Valley formation) to EXCO USA Asset, Inc. for the 18 month period prior to Gloria’s Ranch’s letter in December of 2009. [19]

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Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7] Caremark, Inc.,

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Louisiana Second Circuit Finds Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages Under the Louisiana Mineral Code

The Energy Law

1] In the case, a landowner sued its mineral lessees for: (1) failure to provide a recordable act evidencing the expiration of a mineral lease under Mineral Code articles 206-209 and (2) failure to pay royalties under Mineral Code articles 137-140. [2] Tauren Exploration, Inc. , 4] $242,029.26 6] $936,803.00 Rhymes ( jdrhymes@liskow.com ).

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Louisiana Second Circuit Addresses: (1) Creation of Mineral Servitudes Via Notarial Acts of Correction; (2) Obstacles Suspending the Prescription of Nonuse from Running Against Mineral Servitudes; and (3) Payment of Court Costs in Concursus Actions

The Energy Law

1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating. University of Georgia, 2009. Flat River Farms, L.L.C. , which governs notarial acts of correction: A. (1) b) The notary who actually prepared the act containing the error. [13]

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