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Two Decisions by Eastland Court of Appeals on Fraction-of-Royalty Issue

Oil and Gas Lawyer

The Boren and Mabee descendants raised several affirmative defenses, including waiver, division order estoppel/estoppel by contract, judicial estoppel, estoppel by Continue reading Fasken sued the Boren and Mabee descendants in 2019, contending that the 1933 deed reserved a floating 1/4th of the royalty.

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Oil and Gas Commission Upholds Restart Order in AWMS Appeal

Vorys Energy

On May 21, 2021, the Division of Oil and Gas Resources Management issued Chief’s Order 2021-97 (the “Restart Order”), authorizing AWMS Water Solutions, LLC, to resume injection operations at one of its Class II injection wells.

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Texas Court Subjects Override to Non-Consent Penalties

The Energy Law Blog

Based on both the division order and the JOA terms, the Count found that BTA was not obligated to make any present payments to Boldrick for his overriding royalty interest currently being used to pay the costs and expenses of the well. Therefore, Boldrick’s reliance on those provisions to support his claim was misplaced.

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Louisiana Second Circuit Court of Appeal Dismisses Claim for Unjust Enrichment for Receipt of Royalty Payments in Excess of Ownership Interest: Hall v. James, 43,263-CW (La. App. 2 Cir. 6/4/08), 986 So. 2d 817

The Energy Law Blog

Division orders were prepared by Kelley Oil Corporation, a predecessor-in-interest to Samson, and the Jameses began receiving royalties. On July 12, 1996, the Jameses purchased immovable property from Gray Investments, a corporation owned by Leon Gray, Sr. and his wife, Mary Gray.

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Calling Dibs! Oil and Gas Security Interests and Texas’ Unique First Purchaser Statute

Producer's Edge

A party can be considered a first purchaser under the First Purchaser Statute by signing an agreement to purchase oil or gas production, issuing a division order, or in making any other voluntary communication to the interest owner or any governmental agency recognizing the interest owner's right.

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