Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Or yx Energy Company v. Shelton, No. 12-94-00045-CV, 1996 WL 288125 (Tex App. – Tyler May 31, 1996,   ) is a surface damages case based on excessive use of […]

Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Senn v. Texaco, Inc., 55 S.W.3d 222 (Tex. App.–Eastland, pet. denied), holds that purchasers of the surface estate have no standing to sue for a cause of action for […]

Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Davis v. Devon Energy Prod. Co., L.P., 136 S.W.3d 419 (Tex. App.—Amarillo 2004, __ ), reviews the tension between the dominance of the mineral estate and the accommodation doctrine in […]

Friday, September 4th, 2015
Richard F. Brown   Mieth v. Ranchquest, Inc., 177 S.W.3d 296, (Tex. App.—Houston [1st Dist.] 2005, no pet.), considers the proper measure of surface damages resulting from re-entry operations on an abandoned oil and gas well.  The surface was damaged by the discharge of saltwater and various drilling fluids and chemicals, and the Railroad Commission […]

Friday, September 4th, 2015
Richard F. Brown   Texas Genco, LP v. Valence Operating Co.1 discusses the accommodation doctrine and approves a broad-form jury question on the reasonableness of directional drilling.       Surface owner sued to enjoin mineral owner from straight-hole drilling a gas well on a tract which was a part of surface owner’s ash-disposal landfill for its nearby […]

Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Duke Energy Field Serv., L.P. v. Meyer, 190 S.W.3d 149 (Tex. App.—Amarillo 2006, pet. denied), reverses a jury verdict for damages to cattle caused by a pipeline leak. The […]

Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Valence Operating Co. v. Texas Genco, LP, 255 S.W.3d 210 (Tex. App.—Waco, 2008, no pet.), discusses the accommodation doctrine and the reasonableness of an alternate drilling location. Surface owner […]