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Additionally, the court considered that the deed used the word “Grantors” in other parts of the document but switched to “landowner’s usual 1/8 royalty” in the granting clause. To rebut this presumption, attorneys have made various novel arguments, but none have proven successful to date. Montgomery, Tr.
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. In addition to the estate misconception theory, the Court analyzed the “legacy of the one-eighth royalty.” The Texas Supreme Court recently released its opinion in Van Dyke v.
As was the case in 2012, this proposed amendment would also extend this direct payment requirement to any overriding royaltyinterests burdening the nonparticipating owner’s lease. In turn, the nonparticipating owner is responsible for its own lease burdens.
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. In CLK Company , the parties entered into a confidentiality agreement whereby the plaintiff agreed to provide services to the defendant.
The deed severed the mineral estate from the surface estate, with Myers-Woodward LLC (“Myers”) now owning the surface estate and a 1/8th non-participating royaltyinterest in minerals. ” The Fifth Circuit, applying Texas law in Dunn-McCampbell RoyaltyInterest, Inc. 3d 39 , 47 (Tex.
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.
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 Service appealed the decision of the district court. The Service made two arguments on appeal.
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.
Investing in oil and gas royalties involves purchasing the rights to receive a portion of the revenue generated from the production and sale of oil and gas from a particular property or lease. Passive Income : Oil and gas royalties can provide investors with a source of passive income.
denied) (“ Eagle I ”), TRO-X alleged that Eagle deprived TRO-X of its right to acquire certain mineral interests upon the sale of several leases in violation of their agreement. TRO-X lost that suit on appeal when the court of appeals found that TRO-X held equitable title to those interests and thus was not deprived of them.
the Louisiana Second Circuit upheld a trial court’s ruling that the holder of a security interest in mineral leases was solidarily liable for damages under the Louisiana Mineral Code stemming from its mineral lessees/mortgagors’ actions. [1] in unpaid royalties and an additional double damages penalty of $484,058.52 4] $242,029.26
denied) (“ Eagle I ”), TRO-X alleged that Eagle deprived TRO-X of its right to acquire certain mineral interests upon the sale of several leases in violation of their agreement. TRO-X lost that suit on appeal when the court of appeals found that TRO-X held equitable title to those interests and thus was not deprived of them.
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.
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. Other SMBs are organized as corporations under state law.
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