Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating to economic development, energy, transportation, public works, and utilities. However, eminent domain proceedings can leave private landowners feeling harassed or ripped […]
Failure to Launch: Eminent Domain Breaks Down in the Texas Legislature
Energy-Related Bankruptcies on the Rise: Protecting Oil & Gas Royalty Interests
With the recent uptick in energy-related bankruptcies expected to continue for the foreseeable future (in one prominent example, industry giant Weatherford has just filed for Chapter 11 protection), oil and gas royalty owners need to be on alert. Because companies in financial distress usually fall behind on royalty payments, royalty owners, usually one of the […]
Goodbye Steel and Aluminum Tariffs! (For Mexico and Canada Metals)
In a recent KRCL Energy Practice Group seminar, I discussed the genesis and impact of metal tariffs imposed by the Trump administration. These Trump Tariffs have had a tremendous impact on energy infrastructure construction and midstream activities throughout the United States, prompting companies to seek relief (in the form of product exclusions) with the Department […]
SCOTX Hands Down Decision on Mineral Executive’s Obligations to Non-Executives
Last month, the Texas Supreme Court issued a decision that addresses the vexing situation in which the owner of the executive rights also owns the surface, but none (or virtually none) of the minerals. What is the duty of the executive rights holder in this situation?
Lessor’s Acceptance of Royalty Payments Did Not Waive Anti-Pooling Clause
The San Antonio Court of Appeals recently determined that the acceptance of royalty payments will not necessarily operate as a waiver of a mineral lease’s anti-pooling provision.
Texas Supreme Court to Mineral Purchasers: Buyer Beware!
In the latest episode of our energy law podcast, learn about offset wells and liquidated damages as unenforceable penalties; the arrival of anti-SLAPP in the oil patch; and the Texas Supreme Court’s warning to mineral purchasers: buyer beware.
Can Consent Be Withheld Arbitrarily in the Oil Patch?
The Texas Supreme Court heard oral arguments last week in a case that has the potential to alter the landscape of the industry.
Pitfalls and Best Practices Surrounding Digital Signatures in the Oil Patch and Beyond
In the latest episode of our energy law podcast, the managing partner of Kane Russell Coleman Logan PC‘s Houston office, Marcy Rothman, discusses pitfalls and best practices surrounding digital signatures in the oil patch and beyond.
Complimentary Energy Law Breakfast Seminar
Kane Russell Coleman Logan PC’s Energy Practice Group will be hosting a complimentary breakfast seminar on November 8, 2018, from 8:00–10:30 a.m. at the Hess Club in Houston, Texas. Gain knowledge and practice insights—on contract negotiation, corporate taxation, and high-stakes litigation—to meet the day’s challenges at the office.
Offset Wells and the Ongoing “Fixed”-Versus-“Floating” Royalty Saga
In the latest episode of our energy law podcast, learn when an “offset well” is not an offset well, according to the Texas Supreme Court. Also, get up to speed on the latest installment in the ongoing “fixed”-versus-“floating” royalty saga that continues to confound courts and counsel across the Lone Star State.