Producer's Edge

DECEMBER 3, 2024

This article discusses a couple more cases in 2024. In each of these cases, one side successfully argued that the Van Dyke presumption applied, and the other side unsuccessfully argued that it was rebutted. Many anticipate that double-fraction cases will continue to steadily flow through Texas courts for the foreseeable future.

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The Energy Law

MARCH 7, 2023

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 support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. The Texas Supreme Court recently released its opinion in Van Dyke v. Navigators Grp. ,

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Royalty Oil Gas Royalty Interest 98

The Energy Law

APRIL 4, 2023

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.

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Producer's Edge

NOVEMBER 1, 2024

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.

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Royalty Royalty Interest Casing Oil 52

The Energy Law

JANUARY 25, 2008

In exchange, the defendant agreed to transfer an overriding royalty interest in the subject prospect to the plaintiff in the event defendant acquired an interest in the prospect. Next, the court noted the dearth of reported cases involving Mineral Code articles 212.21-23 at *8 (citing La. 31:212.21).

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The Energy Law

MARCH 15, 2023

2023), in which it held that lessees owed royalties in excess of their gross proceeds, specifically “adding back” costs incurred by third-party buyers that were enumerated in the sales contract and subtracted from the sales price. The Texas Supreme Court recently released its opinion in Devon Energy Production Company, L.P. 2d 118 (Tex.

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The Energy Law

JANUARY 18, 2011

Dunn-McCampbell Royalty Interest Inc. The case involved land in the Padre Island National Park, created in 1963. Nat’l Park Serv. , 09-40187 (5th Cir. The Service appealed the decision of the district court. The Service made two arguments on appeal.

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