A lawyer who listens Two days before a key legal hearing in September 2014, Ruth trudged into her newest lawyer’s office, leaning on a cane and carrying a framed photograph of her family. Leena had scraped together enough money to
LANDMARK TEXAS SUPREME COURT CASE FAVORS LANDOWNERS
In the Texas Rice Land Partners v. Denbury Green Pipeline-Texas, the Texas Supreme Court ruled that pipeline companies cannot use the power of eminent domain and call themselves a public carrier by checking a box and calling themselves a public
Landmark Texas Supreme Court Case Regarding Groundwater Rights
On February 24, 2012, the Texas Supreme Court issued a landmark ruling regarding groundwater rights. In Edwards Aquifer Authority v. Day, the Texas Supreme Court unanimously ruled that, under both the common law and the recently enacted Senate Bill 332,
New Dallas Court of Appeals Opinion: Beesley V. Hydrocarbon Separation, Inc. and McPeak
The Dallas Court of Appeals ruled today in Beesley V. Hydrocarbon Separation, Inc. and McPeak that: (1) suits must be brought against a corporation within 3 years of its dissolution; (2) McPeak is not relieved of a contract he signed
HBP Defined
“HBP” means held by production. This is in reference to a provision in an oil & gas lease that extends the lease indefinitely past the primary term so long as there is production in paying quantities.
Production Payments Defined
A production payment is a right to oil, gas, or other minerals in place that entitles its owner to a specified fraction of production until a specified amount of money or minerals has been received. A production payment is payable
Temporary Cessation of Production
In Natural Gas Pipeline Company of America v. Pool, 124 S.W.3d 188 (Tex.2003), lessors under three oil and gas leases contended that the leases terminated because intermittently over the years there were periods of time ranging from 30 to 153
Overriding Royalty Interest Defined
An overriding royalty is a benefit an assignor receives when he or she assigns a leasehold interest. It is an interest which is carved out of, and constitutes part of, the working interest created by an oil and gas lease.
Texas Rules of Contract Construction and Interpretation
Contract Construction: Harmonize, and only if this is not possible, is there more than one reasonable interpretation of a contract such that a fact issue is created concerning the parties’ intent. Before extrinsic evidence (any oral or written evidence outside
Ambiguity as an Affirmative Defense
Ambiguity is an affirmative defense and must be specifically plead. See Gulf & Basco Co. v. Buchanan, 707 S.W.2d 655, 656 (Tex. App. – Houston [1st Dist.] 1986, writ refd, n.r.e.); see also, World Help v. Leisure Lifestyles, Inc., 977