Face Challenges Confidently

EASEMENTS

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 pipeline […]

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.   Merriman v. XTO Energy, Inc., No. 10-09-00276-CV, 2011 WL 1901987 (Tex. App- Waco May 11, 2011) held that no bright lines can be drawn by which to categorize 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.   In Valero Eastex Pipeline Co. v. Jarvis, 926 S.W.2d 789 (Tex. App.—Tyler 1996, no writ history) a pipeline condemned an easement expressly excepting the mineral rights, and, under 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.   Love v. Texas Express Pipeline, LLC   held that the court in an appeal challenging a natural-gas pipeline condemnation proceeding has no jurisdiction when there was no timely objection filed […]

Thursday, September 3rd, 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.  Vial v. Gas Solutions, Ltd., 187 S.W.3d 220 (Tex. App.—Texarkana 2005, no pet.) determines whether the heirs to an alleged defrauded party have standing to bring suit and whether fraudulent […]

Thursday, September 3rd, 2015
Richard F. Brown Fasken Land and Minerals, Ltd. v. Occidental Permian Ltd.,          S.W.3d                                                                                                                        , 2005 WL 1539260 (Tex. App.—El Paso 2005, pet. denied), addresses disputes involving a preferential right to purchase provision and a removal of operator provision. Occidental or its affiliates (“OXY”) were the operator and seller of a 75% interest in the MFU […]

Wednesday, September 2nd, 2015
CASE OF THE MONTH Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the cases may be of significance to you.   In Delhi Gas Pipeline Corp. v. Dixon, 737 S.W.2d 96 (Tex. App.–Eastland 1987, no writ), the court upheld the right of the lessee to make […]