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Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   In re Freestone Underground Storage, Inc.   held that venue in a suit for termination of a saltwater disposal lease was mandatory in the county where the land was located. […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you.   In Bachler v. Rosenthal, 798 S.W.2d 646 (Tex. App.–Austin 1990, writ denied), lessors brought suit against oil and gas lessees seeking the cancellation of a lease as a […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Fain Family First Ltd. P’ship v. EOG Res., Inc., No. 02-12-00081-CV, 2013 WL 1668281 (Tex. App.—Fort Worth Apr. 18, 2013, no pet.) held that a well is not capable […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   French v. Occidental Permian Ltd.  held that royalty owners were required to share in the cost of removal of carbon dioxide (“CO2”) from casinghead gas re-injected for secondary recovery […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Shell Oil Co. v. Ross , 356 S.W.3d 924 (Tex. 2011) held that neither the doctrine of fraudulent concealment nor the discovery rule will toll the statute of limitations […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.  Diamond Shamrock Exploration v. Hodel, 853 F.2d 1159 (5th Cir. 1988), holds that no royalty is due on take-or-pay payments unless and until gas is actually produced and taken. Gas […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you.   Killam Oil Company v. Bruni, 806 S.W.2d 264 (Tex. Civ. App.–San Antonio 1991, no writ history), holds that Texas royalty owners are not entitled to share in take-or-pay […]