Where a deed conveys more mineral interest than what was owned at the time of the transaction, and contains either a warranty clause, or in some instances, a special warranty clause, what recourse do the parties to this transaction have?
When I first read Oklahoma’s Senate Bill 503 (“SB 503”) filed during the 1st Session of the 57th Legislature (2019), I would be lying if I did not say that my jaw dropped. On its face, most of the existing statute remains unchanged. In fact, very few words have been added and/or
Traditionally, oil and gas development has been centered around vertical drilling. As the industry has grown, horizontal drilling is rapidly replacing the old ways. With the increase in horizontal drilling practices, the industry now finds itself in a hydraulic fracturing boom.
In Chesapeake Exploration, LLC v. Buell (Slip Opinion No. 2015-Ohio-4551) ("Chesapeake"), the Ohio Supreme Court addressed two certified questions from the United States District Court for the Southern District of Ohio.
In Corban v. Chesapeake Exploration, L.L.C. (Slip Opinion No. 2016-Ohio-5796), the Supreme Court of Ohio issued a landmark decision involving the Dormant Mineral Act. In Corban, the Supreme Court of Ohio addressed two certified questions from the United States District Court for the Southern District of Ohio, Eastern Division.
In Devitis v. Draper (Case No. 13 MO 0017), the Ohio Seventh District Court of Appeals considered whether an oil and gas royalty interest is subject to abandonment under R.C. 5301.56 (the Dormant Mineral Act).
In an opinion issued on January 19, 2015, in the case of SWEPI, LP v. Mora County, New Mexico et al., a federal district judge in New Mexico invalidated a local ban on hydraulic fracturing, commonly known as "fracking", enacted through a local ordinance in Mora County, New Mexico.
Federal District Court Judge James Browning found that