Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Flanagan v. Chesapeake Exploration, LLC No. 3:15-CV-0222-B, 2015 WL 6736648 (N.D. Tex. Nov. 4, 2015) (mem. op.) (Implied duty to reasonably market) described the proper pleading for breach of the implied […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Chesapeake Exploration, L.L.C. v. Hyder, No. 03-14-00257-CV, 2015 WL 9583873 (Tex. App.—Austin Dec. 29, 2015, pet. filed) (mem. op.) held that an overriding royalty was free of all post-production costs. The […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Heritage Resources, Inc. v. Nationsbank, 895, S.W.2d 833 (Tex. App.–El Paso 1995, writ requested) is a division order case holding that royalty owners were not bound by division orders allowing […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Potts v. Chesapeake Exploration, L.L.C. held that the net-back method should be used to determine market value at the point of sale when there are no comparable sales at […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Warren v. Chesapeake Exploration, L.L.C. held that the royalty clause of an oil and gas lease permitted deduction of post-production costs incurred by lessee in delivering marketable natural gas from […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Heritage Resources, Inc., v. Nationsbank – S.W. 2d –, 1996 WL 200362 (April 25, 1996, motion for rehearing pending) is a very recent Texas Supreme Court opinion in a division […]
Richard F. Brown Cartwright v. Cologne Prod. Co., 182 S.W.3d 438 (Tex. App.—Corpus Christi 2006, pet. denied), holds that post-production costs are deductible proportionately from the royalty interest under the lease and division order in question. The lessee, Cologne, ran the gas produced from the lease through gathering lines, treatment facilities and compressors, all located […]
