Oil, Gas, and Mineral Law Commons^™

The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed.

Michigan Law Review

This comment is concerned with the examination of various methods of creating future interests in gas and oil and the effect of the rule against perpetuities on these interests.

Oil And Gas--Waste Of Oil And Gas As Between Adjacent Landowners, George D. Schrader

Kentucky Law Journal

No abstract provided.

Public Or Private Power-Responsibilities Of The Fpc

Indiana Law Journal

No abstract provided.

Use Of The Containing Space After The Removal Of Subsurface Minerals, Robert T. Donley

West Virginia Law Review

Two recent West Virginia cases-one expressly, and the other inferentially-again bring to prominence the much-debated question of who has the "ownership" of the space remaining after the removal of subsurface minerals where there has been a severance in title of them from the other strata. It may be remarked, at the outset, that the results reached by the courts are the same whether the title of the mineral owner be granted to him or whether it be excepted by him from a grant of the land. The discussion which will follow is not in the spirit of adverse criticism of …

Control Of Entry Into The Natural Gas Pipeline Industry: The Fpc And The Certificate Of Convenience And Necessity

Indiana Law Journal

No abstract provided.

Workmen's Compensation--Silicosis--Application For Benefits, C. F. S. Jr.

West Virginia Law Review

No abstract provided.

Retail Marketing Of Petroleum Products After The Standard And Richfield Cases

Indiana Law Journal

No abstract provided.

Book Reviews, Hugh L. Sowards, Stanley D. Rose (Reviewer), William D. Warren (Reviewer)

Vanderbilt Law Review

Securities Legislation

By Louis Loss

Boston: Little, Brown & Com-pany, 1951. Pp. xxvii, 1283. $17.50

reviewer: Hugh L. Sowards

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Private Property, the History of an Idea

By Richard Schlatter

New Brunswick: Rutgers University Press, 1951. Pp. 284. $2.50

reviewer: Stanley D. Rose

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Oil and Gas Law: Collection of articles

TEXAS LAW REVIEW

Austin: Texas Law Review, Inc., 1951. Pp. xix, 1736. $15.00

reviewer: William D. Warren

Injunction Without Sanction: The Iranian Fiasco, Frank E. Maloney

Indiana Law Journal

No abstract provided.

Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor

Michigan Law Review

The plaintiff, Eiring, owner of all rights in a tract of land, attempted to convey certain mineral rights to Earnest by deed. The alleged rights passed from Earnest by subsequent mesne conveyances to McMillan, and, on the death of McMillan, to the defendant as trustee. Eiring brought an action against the defendant in statutory trespass to try title to the land. In the deed from Eiring to Earnest blank spaces were left in the granting clause. Held, the blank spaces rendered the deed void, and the deficiency was not cured by reference to another indefinite deed. After holding this, …

Formal Requirements For Creation Of The Oil And Gas Lessee's Interest, William D. Warren

Vanderbilt Law Review

The practice of the courts of employing almost as many varying and contradictory descriptions of the nature of the lessee's interest under the usual oil and gas lease as there are petroleum producing states has a historical origin which is clearly traceable. In the latter half of the nineteenth century as each of the known oil bearing states was slowly explored and developed for petroleum, it fell the lot of their courts to solve the complicated legal problems arising in this new and unique industry. Equipped with but little accurate scientific knowledge about the physical behavior of oil and gas, …

Income Tax: Oil And Gas Leases As Capital Assets, James Daniel Cornette

Kentucky Law Journal

No abstract provided.

Book Notes, Law Review Staff

Vanderbilt Law Review

Conservation of Oil and Gas, A Legal History, 1948

Edited by Blakely M. Murphy

Chicago: American Bar Association, 1949. Pp. xvii, 754. $3.00

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1950 Annual Survey of American Law

New York University School of Law

New York: Prentice-Hall, Inc., 1951. Pp. x, 915. $10.00

Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr.

Michigan Law Review

For the past decade and a half, one of the most harrassing problems in the realm of federal-state relationships has been that concerned with the ownership of the so-called "tidelands." This struggle of interests, which involves 23,000 square miles of offshore lands within the boundaries of the littoral states, has developed since 1937; for prior to that time, the Federal Government recognized the states' claims, making no assertion of federal ownership. The development of the conflict appears to be coextensive with the discovery and development of valuable mineral deposits found under these submerged lands, which have been leased to private …

Revision Of The Japanese Mining Law Under The Occupation, Albert H. Solomon

Washington Law Review

In line with the policy of the Supreme Commander for the Allied Powers to democratize the mining industry of Japan, a study of existing mining law was undertaken in 1946 by a National Mining Law Revision Committee appointed by the Minister of Commerce and Industry (now Minister of International Trade and Industry). After four years of investigation, drafting, and redrafting of a revised Mining Bill, with technical assistance from a visiting mineral law expert from the United States and from lawyers and agricultural and forest economists employed in the Japanese government and in the Headquarters of SCAP, as well as …

Federal And State Control Of Natural Resources, Corwin W. Johnson

Vanderbilt Law Review

Federalism, a complicating factor in many areas of governmental concern, poses unique problems in efforts of the states and the Federal Government to maximize the satisfaction of human wants from natural resources. These problems take on added significance in view of indications of growing governmental activity in response to the pressures upon our natural resource base of an expanding economy, a rising population trend, and increasing preparations for national defense during what may be a very long period of international tension and war. Decisions must be made determining the manner in which new responsibilities will be shared by our levels …

Taxation-Percentage Depletion Allowance On Income Received From The Reworking Of Dumps And Tailings Deposits, Charles Horning

Michigan Law Review

A dump of waste material and low-grade ore resulted from mining operations by a lessee in the American Mine. London Extension owned an undivided one-half interest in the claims which made up the mine. In 1940 London acquired the lease on the property. Chicago Mines, a wholly-owned subsidiary of London, then took a lease on the dump, agreeing to pay to London a royalty of twenty per cent of the net smelter returns. Chicago worked the dump for a few months, after which it was worked by London. In filing its income tax return for the year, Chicago claimed a …

Taxation-Percentage Depletion Allowance On Income Received From The Reworking Of Dumps And Tailings Deposits, Charles Horning

Michigan Law Review

A dump of waste material and low-grade ore resulted from mining operations by a lessee in the American Mine. London Extension owned an undivided one-half interest in the claims which made up the mine. In 1940 London acquired the lease on the property. Chicago Mines, a wholly-owned subsidiary of London, then took a lease on the dump, agreeing to pay to London a royalty of twenty per cent of the net smelter returns. Chicago worked the dump for a few months, after which it was worked by London. In filing its income tax return for the year, Chicago claimed a …

Mines And Minerals--Coal Mining Rights--Waiver Of Subjacent Support, W. E. C.

West Virginia Law Review

No abstract provided.

Tort Liability Of Oil Companies For Acts Of Service Station Operators, William T. Gamble

Vanderbilt Law Review

Since the advent of the automobile, travel by motor vehicle has been ever-increasingly prevalent, and consumption of gasoline in the large amounts so required' has necessitated the existence of a great number of retail service stations. For various reasons the major producers of petroleum products have thought it desirable to retain some connection with the distribution of their products until those products pass to the hands of consumers, and consequently nearly all such major producers have established extensive systems of retail outlets which sell only that producer's products and under its exclusive trade names. Because of the great number of …

The Drilling Clause In Oil And Gas Leases In West Virginia, Robert Tucker Donley

West Virginia Law Review

No abstract provided.

Hughett V. Caldwell County--Measure Of Damages For Innocent Conversion Of Minerals, Arloe W. Mayne

Kentucky Law Journal

No abstract provided.

Coal Mining Rights And Privileges In West Virginia, Robert Tucker Donley

West Virginia Law Review

No abstract provided.

Real Property - General Mineral Reservation In Deed - Lack Of Knowledge That Substance Is A Mineral, G. B. Myers

Michigan Law Review

In 1892 plaintiff's predecessor in title contracted to convey certain land to defendant, subject to a reservation of "all coal and mineral deposits in and upon said lands," and in 1896 he executed a deed to defendant containing the same reservation. Plaintiff, in 1947, filed a bill to quiet title to bauxite deposits on the land. Held, bill dismissed. Bauxite, not being generally regarded as a mineral at the time of conveyance, was not intended to be within the operation of the mineral reservation. Carson v. Missouri Pac. R. Co., 212 Ark. 963, 209 S.W. (2d) 97 (1948).

Hardwicke: Antitrust Laws, Et Al. V. Unit Operation Of Oil Or Gas Pools, Michigan Law Review

Michigan Law Review

A Review of ANTITRUST LAWS, ET AL. V. UNIT OPERATION OF OIL OR GAS POOLS By Robert E. Hardwicke.

Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review

Michigan Law Review

A Review of CONSERVATION OF OIL AND GAS, A LEGAL HISTORY-1948. Edited by Blakely M. Murphy.

Constitutional Law-State Taxation Of Interstate Commerce -Validity Of Apportioned Capital Tax On Corporation Engaged Solely In Interstate Commerce, R. V. Wellman S.Ed.

Michigan Law Review

Plaintiff gas company, a Delaware corporation, transported gas by pipe line across a section of Mississippi. Its activities in Mississippi admittedly did not constitute intrastate commerce and plaintiff had no agent for service of process in that state. Mississippi imposed a "franchise or excise" tax on all· corporations present in the state, measured by applying a specified rate against the value of the capital employed within its boundaries. This tax was in addition to, and independent of, the locally imposed ad valorem taxes levied against plaintiff's property. Alleging the franchise tax to be invalid under the commerce clause of the …

Quasi-Contracts--Duress--Recovery Of Payments Made Under Economic Pressure, E.C. V. Greenwood

Michigan Law Review

On September 1, 1939, plaintiff company, engaged in the business of refining, purchasing, transporting and selling gasoline and other petroleum products, entered into two written contracts with defendant retailer. One contract provided for purchase by defendant from plaintiff of real property by monthly installments totaling $32,000, and the other stipulated for purchase from plaintiff of all the gasoline and petroleum products handled by defendant for a period of five years from date. Defendant defaulted in the payment of monthly installments on the real estate contract, and plaintiff brought suit to recover the unpaid balance of $15,200 and sought foreclosure of …

Rostow: A National Policy For The Oil Industry., Michigan Law Review

Michigan Law Review

A Review of A NATIONAL POLICY FOR THE OIL INDUSTRY. By Eugene V. Rostow.

A National Policy For The Oil Industry, By Eugene V. Rostow, Philip B. Kurland

Indiana Law Journal

No abstract provided.