Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Texas Supreme Court's Evolving Mineral-Deed Jurisprudence In The Shale Era: The Implications Of Wenske V. Ealy, Laura H. Burney
The Texas Supreme Court's Evolving Mineral-Deed Jurisprudence In The Shale Era: The Implications Of Wenske V. Ealy, Laura H. Burney
Faculty Articles
The twenty-first century oil and gas boom in the Lone Star State stimulated the industry and enriched Texas landowners. However, the technologies credited with igniting this boom, hydraulic fracturing and horizontal drilling, could not prevent the historic boom-to-bust cycle. Instead, the production unleashed from shale plays in Texas and other states created a world-wide glut, sinking oil prices from highs above $100 to a low of $26 per barrel. Yet, thanks in part to plays in West Texas, "Shale 2.0" is underway. The booms have blessed and cursed Texas, leading to a variety of legal disputes. Disputes that have plagued …
The Legacy Of The 1/8th Landowner's Royalty And The Texas Supreme Court: Has Hysaw V. Dawkins Resolved The Double Fraction Dilemma, Laura H. Burney
The Legacy Of The 1/8th Landowner's Royalty And The Texas Supreme Court: Has Hysaw V. Dawkins Resolved The Double Fraction Dilemma, Laura H. Burney
Faculty Articles
Lawyers, landmen, landowners, and producers face a long list of perennial problems when interpreting or drafting documents that affect mineral estates. I have written extensively about these problems, including the "fixed or floating" non-participating royalty issue addressed in a recent Texas Supreme Court case, Hysaw v. Dawkins. In that case, three siblings, who were beneficiaries of their mother's will, disputed the appellate court's holding that the double fraction 1/3 of 1/8 created a "fixed" 1/24th non-participating royalty interest (NPRi), rather than a "floating" 1/3 NPRi. The dispute arose when one sibling leased her land and negotiated a 1/5th landowner's lease …
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories, Laura H. Burney
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories, Laura H. Burney
Faculty Articles
Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …