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Rule 37 and Horizontal Wells – a time to rethink the regulatory burden?

By |2019-09-12T21:49:33-05:00September 12th, 2019|

Apparently, at least the staff of the Railroad Commission is taking an unduly restrictive view on Texas Rule 37. This Rule provides that, without notice and an opportunity for hearing, no well shall be drilled nearer than 467 feet to a property line. 16 TEX. ADMIN. CODE §3.37 3.37 (Tex. R.R. Comm’n, Statewide Spacing Rule).

POST PRODUCTION COSTS – WRITING A CLEAR CLAUSE (AS THE HAYNESVILLE RECOVERS)

By |2019-03-20T21:46:41-05:00March 20th, 2019|

Generally speaking, post-production costs are the expenses incurred in order to get natural gas from the wellhead to market. These costs include gathering, compression, dehydration, processing, fractionation, treating, handling, and transportation. For many years, natural gas sales were at the wellhead and price regulated (by the Federal Power Commission and later the Federal Energy Regulatory

Production Sharing Agreements: A Call for Simplicity

By |2019-03-15T21:43:20-05:00March 15th, 2019|

Edward Wilhelm and I had the opportunity to make a presentation at the Ark-La-Tex annual landman conference late last month in Shreveport. By the way, the Ark-La-Tex is an excellent conference, competitively priced, and especially good if you are conducting business in east Texas or north Louisiana. One thing I see frequently, now, are 5-10

Acquisition of Oil & Gas Properties: Confidentiality Agreements

By |2019-02-16T21:39:47-05:00February 16th, 2019|

If you are looking to purchase oil and gas properties, you can safely assume that, prior to entering into negotiations, you will be required to into an agreement concerning the confidential nature of the information and data that will be exchanged. In short, you will be required to keep a lot of information confidential. Confidentiality

When an offset well isn’t an offset well

By |2019-02-16T21:36:25-05:00February 16th, 2019|

In Murphy Expl. & Prod. Co. - U.S. v. Adams, 560 S.W.3d 105 (Tex. 2018), a divided Supreme Court held that an offset well clause did not require an operator to drill a well to protect against drainage but, instead, required only that the operator drill a new well on the leased premises. Of course,

Acquisition of Oil & Gas Properties: Get a Lawyer Licensed to Practice

By |2019-02-06T21:32:11-05:00February 6th, 2019|

A partner in a large, international law firm proudly advertises that she assisted a client in the acquisition of an oil-field in the Permian Basin. The lawyer, who offices in Houston, advises that she graduated from law school with honors. Curiously, the lawyer is not licensed to practice law in Texas. A Denver based firm

Without Warranty of Title Means Without Warranty of Title

By |2019-02-06T21:05:12-05:00February 6th, 2019|

JPMorgan Chase Bank, N.A. v. Orca Assets G.P., L.L.C., 546 S.W.3d 648 (Tex. 2018) is another reminder that operators are expected to perform due diligence before entering into a transaction. It is also, possibly, a reminder that an oil company is an unsympathetic Plaintiff. Orca entered into negotiations with The Red Crest Trust to lease

Who Pays the Royalties? Devon Energy v. Apache Corporation

By |2019-02-05T21:01:55-05:00February 5th, 2019|

The Supreme Court refused certiorari in Devon Energy Prod. Co. v. Apache Corp., 550 S.W.3d 59 (Tex. Civ. App.-Eastland, 2018) in a case that is, remarkably, a case of first impression in Texas. The factual scenario in this case is simple: Norma Jean Hester leased her 1/3 mineral interest to Devon. The other mineral owners

ELDER ABUSE – IT HAPPENS

By |2019-02-01T14:16:00-05:00February 1st, 2019|

Although most of my practice revolves around oil and gas operators, over the years I have had the pleasure of representing a number of oil and gas landowners – some quite wealthy. This has “morphed” into handling wills and trusts, estates, estate taxes, and the like. And of course, in such a practice you are

Acquisition of Oil & Gas Properties: Recordation Statutes (Acquisition Blog No. 111)

By |2019-02-01T13:32:10-05:00February 1st, 2019|

Ultimately, every sale of an oil and gas property involves the transfer of a real estate interest. And, ultimately, the conveyance document(s) (deed or deeds) need to be recorded of record (“for the world to see and be on notice of”) in the official records of the county or parish in which the property is

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