article thumbnail

Court Addresses Sufficiency of Demand Letter Under Mineral Code Articles 212.21-23

The Energy Law Blog

12/19/07), the court addressed the payment of royalties and penalties under Mineral Code article 212.23(c) c) and concluded that plaintiff’s letters were insufficient to trigger the provisions of that article. Next, the court noted the dearth of reported cases involving Mineral Code articles 212.21-23 at *8 (citing La.

Royalty 40
article thumbnail

The Continued Struggle to Rebut the Van Dyke Presumption

Producer's Edge

This article discusses a couple more cases in 2024. Additionally, the court considered that the deed used the word “Grantors” in other parts of the document but switched to “landowner’s usual 1/8 royalty” in the granting clause. By way of background, in 1955 J.D. and Elva Arthur conveyed to W.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Texas Supreme Court Holds that References to “One-Eighth” in Old Oil and Gas Conveyances Presumptively Refer to the Entire Mineral Estate

The Energy Law Blog

In the 1920s—the time the deed at issue was executed—lessors commonly reserved a one-eighth royalty interest when they executed oil and gas leases. Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry.

Royalty 98
article thumbnail

Louisiana Legislature to Consider Amendments to Forced Pooling Regime Requiring Operators to Pay Lessors of Nonparticipating Working Interest Owners Directly

The Energy Law Blog

The current proposed bill, however, would require operators to remit all royalty payments directly to the lessors on behalf of nonparticipating working interest owners prior to well payout, i.e., during the recoupment of costs, and the statutorily authorized risk charge. Communications include firm news, insights, and events.

Royalty 98
article thumbnail

Who Owns the Void? Oral Arguments at SCOTX Regarding Underground Storage Rights

Producer's Edge

This article summarizes the arguments made by the parties, and the Justices' questions and observations at the oral argument. This case presents two critical questions: Who owns subsurface caverns created by salt mining operations, and How should in-kind royalties be calculated for salt production? The case was Myers-Woodward v.

Royalty 52
article thumbnail

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 Blog

the Louisiana Second Circuit upheld a trial court’s ruling that the holder of a security interest in mineral leases was solidarily liable for damages under the Louisiana Mineral Code stemming from its mineral lessees/mortgagors’ actions. [1] in unpaid royalties and an additional double damages penalty of $484,058.52 4] $242,029.26

Royalty 40
article thumbnail

Texas Supreme Court Holds that Add-Back Provision in Oil and Gas Lease Required Royalties to be Paid on Prices in Excess of the Producers’ Gross Proceeds

The Energy Law Blog

Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. Costs incurred by subsequent purchasers, however, would not be included because they were not included in the lessees’ contract at the point of sale.

Royalty 98