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Ohio’s Seventh District Court of Appeals recently interpreted two reservations of non-participating royaltyinterests (NPRIs) involving double fractions, holding that they reserved fixed, rather than floating, royalties. Ohio, LLC , 2023-Ohio-4749.
Ohio’s Seventh District Court of Appeals recently held that an “anti-washout” provision found in multiple assignments of overriding royaltyinterests covering leases that subsequently expired was not binding on the original lessee’s assignees, which had taken new leases to those same lands, as there was no privity of contract.
James Boldrick is an assignee of an overriding royaltyinterest in property subleased to BTA. BTA, the assignor and creator of Boldrick’s interest, elected non-consent status regarding the well at issue, proposed and drilled by Chevron. The District Court granted summary judgment in favor of BTA and Boldrick appealed.
In the 1920s—the time the deed at issue was executed—lessors commonly reserved a one-eighth royaltyinterest when they executed oil and gas leases. Another possible example, though not noted by the Court, can be seen in a case currently pending before the Eastland Court of Appeals: PetroLegacy Energy II, LLC v.
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.
CXY Energy, Inc. , 12/19/07), the court addressed the payment of royalties and penalties under Mineral Code article 212.23(c) In exchange, the defendant agreed to transfer an overriding royaltyinterest in the subject prospect to the plaintiff in the event defendant acquired an interest in the prospect.
The Texas Supreme Court recently released its opinion in Devon Energy Production Company, L.P. 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.
Here’s how it generally works and some considerations to keep in mind: How Oil and Gas Royalties Work (Oil and Gas Royalties as Investments): Ownership Rights : When you own oil and gas royalties, you own a percentage interest in the revenue generated from the production of oil and gas on a specific property.
Dunn-McCampbell RoyaltyInterest Inc. Nat’l Park Serv. , 09-40187 (5th Cir. The case involved land in the Padre Island National Park, created in 1963. The conflict arose between the National Park Service (“Service”), owner of surface estates, and Plaintiffs who were owners of mineral estates.
Ultimately the original lessee lost its lease because it made shut in payments to its lessee, rather than the current royalty owner, to whom those payments were owed. Van Hovenberg (“Van Hovenberg”) conveyed by royalty deed to O.B. Mobley (“Mobley”) “her entire 8/8 RoyaltyInterest” in a 105.8 In 1976, Karin H.
The Second Circuit’s decision also addressed issues involving production in paying quantities and failure to pay royalties under the Louisiana Mineral Code, and a detailed discussion of those issues is also located on T he Energy Law Blog. The mineral lessees executed credit agreements with Wells Fargo Energy Capital, Inc.
Factual and Procedural Background TRO-X and Eagle entered into an agreement to buy and sell certain leases, sharing the cash and mineral interest proceeds derived from such sales (the “Agreement”).
TRO-X and Eagle entered into an agreement to buy and sell certain leases, sharing the cash and mineral interest proceeds derived from such sales (the “Agreement”).
Recently, when there was talk about Houston-based ATP Oil and Gas’ (ATP) legal problems, it was inevitably about its bankruptcy and its effort to bring the overriding royaltyinterests it had conveyed back into the bankrupt estate as debt instruments.
Financial Consequences The financial consequences of issuing straight and convertible debt, convertible and non-convertible equity, and equity kickers is complicated and may require the assistance of bankers, accountants and lawyers to determine which technique is the most appropriate for the circumstances.
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