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 a […]
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 […]
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 electrical […]
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 […]
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 sought […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Kimble v. Gostecnik held that a deed may by reference to a term interest reserve the same interest upon the expiration of the term for an unlimited term. The […]
CASE OF THE MONTH Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Amarillo Oil Company v. Energy-Agri Products,_Inc., S.W.2d (Tex. App.–Amarillo, 5/13/87). Amarillo Oil Company owned a prolific-gas well in Carson County which produced gas and no […]