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“Oil, Gas, And Other Minerals” Clauses In Texas: Who’S On First?, Laura H. Burney
“Oil, Gas, And Other Minerals” Clauses In Texas: Who’S On First?, Laura H. Burney
Faculty Articles
Stability and certainty of land titles encourages development of mineral resources and means individuals need not resort to judiciary for interpretation. Unfortunately, uncertainty prevails because Texas courts complicate the interpretive process and frequently need the assistance of nonlegal sources for comparison, explanation, and enlightenment. Clarity demands that courts adopt a definition of the “ordinary and natural meaning” test similar to that proposed by Dean Eugene Kuntz; burying the surface destruction test by retroactively applying the former.
The surface destruction test produced a title examiner’s nightmare. Despite the Texas Supreme Court’s determination to rectify this in Moser v. United Steel Corp. …