The Texas Supreme Court recently issued its long-awaited opinion in Terrance J. Hlavinka et al v. HSC Pipeline Partnership, LLC, —S.W.3d— (Tex. May 27, 2022). There were two important issues in this case: (1) whether a pipeline company transporting polymer-grade propylene can be a common carrier with condemnation authority under…
The American Society of Farm Managers and Rural Appraisers recently published its “Texas Rural Land Value Trends” for 2021. According to its website “Chapter members from all the regions of Texas provide data to develop the annual market study.” The study is a good source for current land values, leasing…
The Texas Supreme Court recently decided a case involving a covenant to protect against drainage. In Rosetta Resources Operating, LP v. Martin, the Court considered several issues, one of which was whether the covenant had been triggered by language in the addendum to the oil and gas lease. Rosetta and…
There are no doubt a number of honest and reputable companies installing residential solar systems in Texas. However, based on the number of folks who call me each month about problems with the company they dealt with, there are a certain number of dishonest and disreputable companies as well. Residential…
You can’t watch a newscast these days without seeing a Senator or Congressman or some other talking head insist that the actions of the current Administration in curtailing domestic oil and gas production and pipelines were unwise and that oil and gas production must be restarted immediately. The posture of…
In a recent case decided by the Eastland Court of Appeals in Texas, Foote v. Texcel Exploration, Inc., the Court held that the operator of an oil well was not liable for cows apparently killed by an oil and salt water spill. The Plaintiff leased property for grazing 650 head…
The Texas Supreme Court recently issued its decision in Nettye Engler Energy L.P. v. BluStone Natural Resources II, LLC, Cause No. 20-0639, which has added to the Texas jurisprudence on the frequently litigated subject of post-production costs that can be deducted from a royalty interest. The deed that conveyed the…
The Fifth Circuit recently denied a landowner damages in their suit against a pipeline company. In Mary v. QEP Energy Co., No. 21-30195 (5th Cir. 2022) the Louisiana landowner had given the pipeline company an easement on their property. The easement had a right angle turn in it. Hard to…
The Texas Supreme Court has recently agreed to hear an appeal in a case involving the Texas Central Railroad. Oral argument is scheduled for January 11, 2022. The case is Miles v. Tex. Central R.R. & Infrastructure, Inc., 2020 WL 2213962 (Tex. App.—Corpus Christi–Edinburg 2020), pet. granted, (Oct. 15, 2021)…
The National Agricultural Statistics Service of the United States Department of Agriculture has recently published its Cash Rents survey. According to USDA, “NASS conducts the county-level Cash Rents survey every year in all states except Alaska. U.S. and state estimates are released in August every year. All qualifying counties in…