Tag: Texas Supreme Court

28Jun
The Texas Supreme Court Decides Whether “Subject To” Clause Alters Who Must Bear NPRI Burden

The Texas Supreme Court Decides Whether “Subject To” Clause Alters Who Must Bear NPRI Burden

In a decision that focuses on the parties’ intent as expressed within the four corners of the document, the Texas Supreme Court in Wenske v. Ealy [1]13-15-00012-CV, ___ S.W.3d ___ (Tex. 2017) decided whether the language of a deed puts the entire burden of an outstanding non-participating royalty interest (“NPRI”) on the grantees or whether the NPRI proportionately burdens both the grantor’s reserved interest and the interest conveyed to the grantees.  The grantors argued that their reserved interest is not burdened by the NPRI, while the grantees argued that the NPRI proportionately burdens both their interest and the grantors’ interest.  The Court ruled that, based on the language in the deed, the NPRI proportionately burdens both the conveyed and reserved interest.

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Footnotes   [ + ]

11Jan

10 Oil and Gas Cases to Watch in 2017

With the beginning of a new year, there are several oil cases pending in the Texas Supreme Court relevant to the oil and gas industry.  We’ll be following these cases throughout the year.  Sign up as a subscriber to oilandgaslawdigest.com to receive updates on these and other cases.

Here are ten cases that we will be watching:

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4Aug
Midstream Update: Eastland Court of Appeals Extends Denbury Test to Crude Petroleum Pipelines

Midstream Update: Eastland Court of Appeals Extends Denbury Test to Crude Petroleum Pipelines

This is a condemnation case from Comanche County, Texas.  In January 2013, the Railroad Commission of Texas designated BridgeTex as a common carrier and granted it a T-4 permit.  BridgeTex condemned an easement across Saner’s land and constructed a pipeline to transport crude petroleum from the Permian Basin to the Texas Gulf Coast.  Both the special commissioners and the trial court determined that the easement was for public use, and Saner now challenges the trial court’s finding.  The Eastland Court of Appeals affirmed the trial court’s judgment.  Read More »

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