When an oil and gas well is no longer producing (or if it needs major repairs but the production is not sufficient to justify the cost of repairs), Texas Railroad Commission rules require that the well must be plugged. The plugging procedure (which you can read about here) involves cementing…
Texas Oil and Gas Attorney Blog
New Tax Laws for Homeowners
The new Tax Cuts and Jobs Act signed into law by President Trump has important implications for Texas home owners. The National Association of Realtors provides a concise summary of the new law on its website, which you can access here. These changes include: Gain on Sale of a Principal…
Texas Law: The Fine Line Between Fixed Royalty Interest and Floating Royalty Interest
When parties enter into agreements concerning the conveyance of mineral royalty interests in Texas, it is extremely important that the language of the conveyance is clear and that the parties know exactly what they are agreeing to in terms of how the royalty interest is structured. The San Antonio Court…
Overhead Power Lines and Helicopters: Texas Surface Owner Wins Accommodation Case
When a mineral estate and a surface estate co-exist, there is sometimes conflict. Under Texas law, the owner of the mineral estate is considered to be the “dominant” estate over the surface estate because the mineral owner has the right to use as much of the surface “as is reasonably…
What To Do When Someone Wants to Buy Your Texas Mineral Interests
I get calls every week from folks who have received a letter in the mail offering to purchase their Texas mineral interests. I tell all my clients (and anyone else who will listen) never to sell their mineral interests. There are a number of reasons why: About 99.9% of the…
What Are the Requirements for a Nuisance Claim In Texas?
Nuisance claims are a bit of a muddled area of Texas law. As Justice Boyd stated in the opinion: “This is a nuisance case, but that does not tell you much. As a legal concept, the word nuisance ‘has meant all things to all people.’ ” Because of the confusion,…
What Is The True Cost of Environmental Regulation?
When it comes to U.S. energy policy, federal government regulations unquestionably limit competition and innovation, and the people who suffer for it are the consumers and taxpayers. While the availability of new and abundant energy sources, such as natural gas, has caused a shift in the energy industry from coal…
Changes to Texas Home Equity Loan Statute
On November 7, 2017, Texas voters approved SJR 60. You can review the text of the new law here. This law includes several amendments to Article XIV, Section 50 of the Texas Constitution that concern home equity loans. Highlights of the amendments include but are not limited to: changing the…
Texas Co-Tenancy Law and Oil And Gas Leases: Radcliffe v Tidal Petroleum
Texas mineral owners contact me from time to time and ask why an oil company is drilling on their land when they haven’t signed an oil and gas lease. The answer to these questions lies in the Texas law regarding co-tenants. An interesting opinion was recently issued in the case…
Texas Railroad Commission Amends Pipeline Safety Rules
The staff of the Texas Railroad Commission is proposing amendments to the pipeline safety rules for oil and gas and other pipelines in Texas. These amendments will affect rules 18.1, 18.4 and 18.11. The amendments remove a reference to “intrastate” pipelines to make clear that the Commission now has safety…