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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. In addition to the estate misconception theory, the Court analyzed the “legacy of the one-eighth royalty.” Dils Co. , 2d 904 (Tex.

Royalty 98
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Louisiana Legislature to Consider Amendments to Forced Pooling Regime Requiring Operators to Pay Lessors of Nonparticipating Working Interest Owners Directly

The Energy Law Blog

While 30:10 was amended during the 2022 legislative session, the amendment preserved the limited obligation of remitting the royalty and overriding royalty burdens to the nonparticipating owner for the benefit of the royalty and overriding royalty owners. Perhaps time will tell.

Royalty 98
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Who Owns the Void? Oral Arguments at SCOTX Regarding Underground Storage Rights

Producer's Edge

The Texas Supreme Court heard oral arguments last week in a case that could substantially clarify, or even fundamentally reshape, the characterization and ownership of underground storage rights in Texas. The case was Myers-Woodward v. The case remains pending before the Texas Supreme Court on petition for review.

Royalty 52
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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

The lessees owned working interests in certain oil and gas leases that were executed in 2007. The leases contained the following royalty provisions: 3. The lessees paid royalties to the lessors based on their gross proceeds. NationsBank”, 939 S.W.2d 2d 118 (Tex. 1996) and “Judice v. Mewbourne Oil Co.”, 2d [133,] 135-36 (Tex.

Royalty 98
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Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual Dispute over Share of Income on Production from Equitable Interests

The Energy Law Blog

The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) In Eagle II , TRO-X alleged that Eagle failed to pay TRO-X its share of income generated from production on the equitable interests. TRO-X sought money damages to remedy the alleged breach, not transfer of title of a share of the Interests.

Royalty 52
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Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual Dispute over Share of Income on Production from Equitable Interests

The Energy Law Blog

The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) In Eagle II , TRO-X alleged that Eagle failed to pay TRO-X its share of income generated from production on the equitable interests. TRO-X sought money damages to remedy the alleged breach, not transfer of title of a share of the Interests.

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Emerging on the Other Side of the Coronavirus Pandemic: Raising Structured Capital for Small and Mid-Size Businesses

The Energy Law Blog

The equity for these LLCs is known as “membership interests” but may be referred to in the LLC operating agreement as “units”. Many LLC operating agreements provide for the issuance of additional membership interests or units, but may not provide for the issuance of a different class of membership interests or units.