234 Humble Woods, L.L.C. v. Petrohawk Energy Corp.

Richard F. Brown

The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.

Humble Woods, L.L.C. v. Petrohawk Energy Corp., No. 05-06-01623-CV, 2007 WL3072908 (Tex. App.-Dallas 2007, no pet.) (Memorandum Opinion), holds that a Texas court has no subject matter jurisdiction over determining rights to an oil and gas lease in Louisiana. The core issue in the lawsuit was the ownership of a mineral servitude, which is “the right of enjoyment of land belonging to another for the purpose of exploring for and producing minerals and reducing them to possession and ownership.” “Texas courts may not adjudicate title to realty in another state or country; they do not have subject matter jurisdiction over property outside the state. . . . The general prohibition against determining rights in real property located in other states or countries extends to rights in oil and gas leases in other states or counties. . . . It follows that the prohibition also extends to mineral servitudes.”