Railroad Commission of Texas - Seismic Review Process for Operators

Posted by Ball Morse Lowe on April 13, 2020

On March 26, 2020, a 5.0 magnitude earthquake was recorded in West Texas. Centered approximately 27 miles from the city of Mentone, the activity was located about 3 miles deep, was felt as far as El Paso, and is now the largest recorded earthquake in West Texas. The Mentone area recorded an additional 5 smaller earthquakes in the 4 days prior to the 5.0 being felt. As of the date of this writing, the West Texas area recorded 10 earthquakes over the past week and 28 over the last 30 days, all registering between four to eight (4 to 8) km deep.1

How Child Support Is Calculated for the Professional Athlete

Posted by Chris Smith on April 8, 2020

How is Child Support Calculated in High Net Worth Cases? 

In most cases, a child support computation is statutorily defined so long as husband and wife make less than $15,000.00 in combined gross (pretax) income. However, in cases where monthly income is above this $15,000.00 combined amount, the computation of child support is left to the discretion of the court, and as such, will vary significantly on a case-by-case basis. While most guidelines for child support cases reflect a level of income that is likely to continue at the same levels existing at the time of the award, how much to award when those levels are likely to change, such as in the case of a professional athlete, is an open question requiring a different method of computation and additional considerations.  

A Matter of Time: Notice, Marketability, and Affidavits of Heirship

Posted by Ball Morse Lowe on February 21, 2020

Mineral estates in Oklahoma are generally subject to the same collection of laws governing real property as surface estates. For example, 84 O.S. § 213 governs the descent and distribution of property of estates located within the State of Oklahoma, including mineral interests. Laws governing real property and succession typically go hand-in-hand and are ideally yoked to accomplish one thing: marketable title. 

Oklahoma Race-Notice Considerations:  Can an Affidavit or 'Notice' of an Oil and Gas Lease Provide Constructive Notice?

Posted by Ball Morse Lowe on February 10, 2020

Under Oklahoma’s Statute of Frauds at 15 O.S. §136, certain types of contracts, including contracts involving conveyances of real property or modifications thereof, require that the terms of the transaction be memorialized in writing and signed by the party to be charged, or the party against whom specific performance is sought. Cloud v. Winn, 303 P.2d 305, 308 (Okla. 1956). Because a lease of mineral interests is a conveyance of real property, an oil and gas lease must be in writing. Further, an instrument affecting rights in real estate must be filed in accordance with the recording requirements of Title 16 of the Oklahoma statutes to be valid as against third persons. See Amarex Inc. v. El Paso Natural Gas Co., 1987 OK 48 ¶ 14, 772 P. 2d 905, 908.

Chesapeake Exploration, LLC v. Buell (Slip Opinion No. 2015-Ohio-4551)

Posted by Zachary T. Ball on April 15, 2019

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.

Corban v. Chesapeake Exploration, L.L.C. (Slip Opinion No. 2016-Ohio-5796)

Posted by Zachary T. Ball on April 15, 2019

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.

The Stigler Act Amendments of 2018

Posted by Stephanie Moser Goins on January 10, 2019

In a previous post, we discussed H.R. 2606, the bill that amends the Act of August 4, 1947 (61 Stat. 731) (commonly known as the Stigler Act). The Stigler Act governs restrictions upon alienation of surface and mineral interests in lands inherited by lineal descendants by blood of allottees of the "Five Civilized Tribes." The Five Tribes were forcibly removed to Indian Territory, and resettled on lands located within the geographical boundaries of what is now the State of Oklahoma.

Oklahoma Common Law Marriage: A Review of Its History & Purpose

Posted by Ball Morse Lowe on August 17, 2018

The institution of common-law marriage is the process in which a couple can be considered legally married without actually registering their marriage officially. The practice has rapidly been diminishing throughout the country, and the handful of states that still allow it have been in the process of abolishing it, including Oklahoma.

Visitation in Oklahoma: Helpful Info For Divorcing Parents

Posted by Chris Smith on May 30, 2018

As a divorcing parent, you might have already anticipated what to do about child custody and child support. But if you are like so many other parents going through a divorce in Oklahoma, you may have almost overlooked visitation rules. In our final installment of this blog series about what parents should know when divorcing, our Oklahoma City family lawyers take a closer look at visitation and everything it entails.