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Ohio Appellate Court Interprets Reservations of NPRIs Involving Double Fractions as Reserving Fixed Royalty Interests

Vorys Energy

Ohio’s Seventh District Court of Appeals recently interpreted two reservations of non-participating royalty interests (NPRIs) involving double fractions, holding that they reserved fixed, rather than floating, royalties. Ohio, LLC , 2023-Ohio-4749.

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7th District Court of Appeals Issues First Decision Addressing the Enforceability of “Anti-Washout” Provision in Assignments of Overriding Royalty Interests

Vorys Energy

Ohio’s Seventh District Court of Appeals recently held that an “anti-washout” provision found in multiple assignments of overriding royalty interests 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.

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Texas Court Subjects Override to Non-Consent Penalties

The Energy Law Blog

James Boldrick is an assignee of an overriding royalty interest 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.

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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. 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.

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Texas Appeals Court Interprets Mineral Conveyances

The Energy Law Blog

Morris Resources, Ltd., Hamilton v. Morris Res., 04-05-00904-CV, 2007 WL 460648 (Tex. San Antonio Feb. 14, 2007).

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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

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

The Energy Law Blog

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 royalty interest in the subject prospect to the plaintiff in the event defendant acquired an interest in the prospect.

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