Face Challenges Confidently

SURFACE RIGHTS

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 surface […]

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 a […]

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  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 […]

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 sought […]

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.   Pharaoh Oil & Gas, Inc. v. Ranchero Esperanza, Ltd., 343 S.W.3d 875 (Tex. App. – El Paso, 2011, no pet.) held that a temporary injunction requiring removal of unused […]

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 […]