Oil, Gas, and Mineral Law Commons^™

Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers

Michigan Law Review

In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.

Statutory Regulation Of Strip Mining, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.

Oil And Gas--Liability Of Lessee For Negligent Operation Of Well--Acidation Method, K. W. Jr.

West Virginia Law Review

No abstract provided.

Measures Of Land Value For Utility Regulation, Lrston R. Barnes

Michigan Law Review

The appraisal of the land of utility corporations presents problems that are not encountered in the valuation of other utility properties. The basic principles and methods of appraisal applicable to other properties are considered inappropriate for the valuation of lands, and certain inconsistencies between the treatment of land and other properties suggest embarrassing questions as to the principles which should guide the regulation of utility rates. Two concrete problems may serve to provide orientation for the discussion which follows: What elements of cost imposed on utilities in the acquisition of real estate are entitled to consideration in establishing rates? To …

Oil And Gas--Enforcement Of Free Gas Clause In Equity, J. L. G. Jr.

West Virginia Law Review

No abstract provided.

Forfeiture Of Lease For Failure To Market Gas, C. C. Williams Jr., R. B. Goodwin

West Virginia Law Review

No abstract provided.

Mines And Minerals--Merger Of Coal Lease In Reversion To Minerals--House As Trade Fixtures Under Coal Lease, J. L. G. Jr.

West Virginia Law Review

No abstract provided.

Oil And Gas In The Federal Court--Hutchinson V. Mccue, C. C. Williams Jr., Robert B. Goodwin

West Virginia Law Review

No abstract provided.

Inconsistencies Under The "Ownership In Place" Theory Of Oil And Gas, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Oil And Gas--Comparison Of Results Under Ownership And Non-Ownership Views, W. Major Gardner

Kentucky Law Journal

No abstract provided.

Equitable Apportionment Of Oil And Gas Royalties, C. C. Williams, R. B. Goodwin

West Virginia Law Review

No abstract provided.

Tri-State Institute On Oil And Gas Law

Indiana Law Journal

No abstract provided.

Public Utilities - Rates - Constitutionality Of Statutes Prohibiting Minimum Or Service Charges, S. J. Schuman

Michigan Law Review

An Oklahoma statute required that the consumer should be charged only for the gas he used as registered on a meter. The inhabitants of a certain town supplied with gas by petitioner were predominantly small consumers so that on a straight-line meter rate they did not pay for the cost of service. An increase in the rate would not solve the difficulty. The company petitioned the commission for authority to impose either a service charge or a minimum charge. The commission denied the petition. Held, that as applied to this particular case, the statute was unconstitutional and the petition …

Recent Phases Of Fraudulent Drainage, R. B. G.

West Virginia Law Review

No abstract provided.

Regulation Of The Natural Gas Industry, John J. D. Preston

West Virginia Law Review

No abstract provided.

Constitutional Law - Oil And Gas - Validity Of Well-Spacing Act - Proportionate Sharing Of Proceeds By Owners Of Land In Statutory Drilling Unit, Leonard D. Verdier Jr.

Michigan Law Review

Acting under the Well-Spacing Act, the Corporation Commission of Oklahoma divided certain rural oil areas into tenacre drilling units. Plaintiff owned six and one-quarter acres of a drilling unit, and the well, located in the center of the unit, was wholly on his land. The statute provided that each of the various owners of tracts making up a drilling unit should share in the oil royalties in the proportion that the acreage of his tract bore to the total acreage of the drilling unit. Plaintiff sought to recover all the royalty on oil produced from the well, contending that the …

Some Problems Of The Bituminous Coal Industry, Benjamin G. Reeder

West Virginia Law Review

The Bituminous Coal Act of 1937 presents many interesting questions of both a legal and economic nature. It is not possible to consider the legal aspects of this legislation without an understanding of the social and economic problems affecting the bituminous coal industry. Because of the fact that so many of the people of 'West Virginia are almost entirely dependent upon this industry it is believed that a consideration of the legal problems that have arisen or may likely arise may be of interest to the bar generally.

Adverse Possession - Severance Of Minerals And Surface - Adverse Possession As Affecting Title To The Minerals, John M. Ulman

Michigan Law Review

The land in question was set aside by the state for school purposes. For some time prior to 1881 one Bailey had been in possession. At that time he and his children, to whom he had deeded parts of the land, conveyed the mineral interests to a grantee from whom plaintiff claims. At the time of the conveyance the evidence was insufficient to show title by adverse possession in Bailey. Bailey and his grantees, from whom defendant claims, remained in possession until this action was brought. The limitation ceased running against the state by an act of the legislature at …

Covenants - Effect Of Change Of Conditions On Equitable Restrictions, Dan K. Cook

Michigan Law Review

Plaintiff was a lot owner in a residential district consisting of twenty-three blocks. Each lot in the district was subject to a restriction, imposed by the grantor, which limited the use of the lots to residence purposes. Subsequent to the imposition of this restriction, numerous oil and gas wells had been drilled in the territory surrounding the district, so that the lots in the district had depreciated in value approximately thirty-five to fifty per cent. By ordinance, the use zoning area which included the district had been changed from a residence use to an oil and gas use. At the …

Contracts - Moral Obligation As Consideration - Promise To Pay For Benefits Previously Received, Michigan Law Review

Michigan Law Review

Plaintiffs, assignees of an oil lease of land, after drilling a dry hole thereon, did not comply with the requirements of their agreement for further development within a stipulated time, in consequence of which there was a formal termination in accordance with the terms of the assignment. An extension of the lease, which the lessees obtained, was assigned to the defendants, who had knowledge of the foregoing circumstances and plaintiffs' claim of a property right in the dry hole. Defendants promised to pay plaintiffs for the use of the dry hole, but subsequently repudiated any liability on the promise. Held …

Depletion Of Oil And Gas Properties For Income Tax Purposes, John W. Beveridge

Michigan Law Review

The Revenue Act of 1936 provides that in computing net income from oil and gas properties there shall be allowed as a deduction from gross income a reasonable allowance for depletion, according to the peculiar conditions in each case. The allowance is made under regulations prescribed by the Commissioner of Internal Revenue.

The first problem is to fix the amount the taxpayer is entitled to recover before he is considered as earning income which is not in essence a mere return of his capital investment. The difficulty of clearly defining the difference between a return of capital and of income …

Ley De Minerales Combustibles, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Publicada en la Gaceta Oficial de 10 de mayo de 1938.

Mines And Minerals--Mining By Mortgagor In Possession--Rents And Profits Under Mineral Lease, C. A. P. Jr.

West Virginia Law Review

No abstract provided.

Implied Duty Of Lessee Under An Oil And Gas Lease To Drill Protection Wells, M. E. L., E. W. E.

West Virginia Law Review

No abstract provided.

Divisibility Of Covenants In Oil And Gas Leases, Hiram H. Lesar

Kentucky Law Journal

No abstract provided.

Taxation - Exemption Of Federal Instrumentality From State Gasoline Tax

Michigan Law Review

An Alabama statute provided that "Every distributor, refiner, retail dealer or storer of gasoline . . . shall pay an excise tax . . . upon the selling, distributing, storing or withdrawing from storage in this State for any use, gasoline . . . ." The plaintiff, a private corporation, sold gasoline to the United States for use in performing governmental functions without reporting it for taxation. When the state demanded payment, the plaintiff brought this suit to restrain collection. Held (Justices Cardozo and Brandeis dissenting), the operation of the statute violates the constitutional principle safeguarding the federal government against …

Constitutional Law - Bituminous Coal Conservation Act Of 1935 - Congressional Power Under The Commerce Clause To Regulate Labor Conditions In Local Industry And Fix The Price Of Sales In Interstate Commerce

Michigan Law Review

By its sweeping decision invalidating the Bituminous Coal Conservation Act of 1935, the Supreme Court precluded any future use of the commerce clause by Congress as a basis for federal regulation of labor conditions in local industry, whether on the theory that production is interstate commerce or that labor conditions directly affect interstate commerce.

Oil And Gas--Construction Of "Forfeiture Clause" In Unless Lease--Necessity Of Notice For Termination Of Lease

West Virginia Law Review

No abstract provided.

Bankruptcy--Oil And Gas--Discretion In Federal Court Of Permit Determination Of Boundaries Of Bankrupt's Leasehold By State Court

West Virginia Law Review

No abstract provided.

Eminent Domain-Validity Of State Statute

Michigan Law Review

As upon certiorari, the New Mexico Supreme Court considered the question, whether it is "within legislative competence to declare a public use in the industry of coal mining, so as to permit taking private property in aid of it." Plaintiff had obtained a judgment of condemnation, and defendant attacked it as offensive to the New Mexico constitutional provision: "Private property shall not be taken or damaged for public use without just compensation." The opinion recognized the existence of an "orthodox" and a "liberal" doctrine of construing "public use." While the court found that, unlike Nevada's or Utah's, New Mexico's well-being …