El Paso Court of Appeals Grapples with Deed Interpretation Issue and Applies the Estate Misconception Theory – Petition for Review Timely Filed

May 5, 2020 — In WTX Fund, LLC v. Brown, 595 S.W.3d 285 (Tex. App.—El Paso 2020, pet. filed), the Eighth District Court of Appeals (the “Appellate Court”) addressed the question of whether a 1951 mineral deed reserved any incident of mineral ownership, and specifically a nonparticipating royalty interest.  In reversing the trial court’s judgment, the Appellate Court held that where a deed specifically conveyed leasing rights, bonuses, delay rentals and development rights, the inclusion of the “shall not affect” clause was a clear and specific reservation or exception of not only a nonparticipating royalty interest, but the entireright to…
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Utilizing Force Majeure Provisions to Preserve Oil and Gas Leases

April 30, 2020 — Risk allocation and protecting current assets is a primary concern for the oil and gas industry amid the economic impact of the COVID-19 pandemic. Download our latest white paper to learn how the application of the force majeure provision may perpetuate an oil and gas lease that may otherwise terminate due to a lack of operations or production.
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Texas School Land Board Approves New Policies Offering Relief for Operators on Permanent School Fund Lands

April 24, 2020 — Due to the impact of the COVID-19 pandemic and foreign price wars on the price of oil, on April 21, 2020, the Texas School Land Board unanimously approved three new policies that give operators more freedom in the interim, while also upholding the Texas School Land Board’s fiduciary duty to the school children of Texas to generate the highest revenues  possible for the Permanent School Fund (“PSF”).[1]  Specifically, the new policies delegate to the Texas Land Commissioner, George P. Bush, the following: The authority to up to a six-month extension on all drilling commitments, when it’s…
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