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Article

Kiefaber & Oliva LLP | USA | 30 Jul 2014

Operators may use the surface on a tract to produce oil and gas from another tract in the pooled unit

The Texas Supreme Court in Key Operating & Equipment v. Hegar, No. 13-0156, 2014 Tex. LEXIS 504 (Tex. June 20, 2014) concluded that a lessee in a…
Article

Kiefaber & Oliva LLP | USA | 8 Jul 2014

Self-executing operation of 1989 DMA affirmed

The Court of Appeals of Ohio, Seventh Appellate District, Jefferson County, Ohio, in the companion cases of Swartz v. Householder and Shannon v…
Article

Kiefaber & Oliva LLP | USA | 26 Jun 2014

Wash-out of overriding royalty interests

How can an operator maximize its profit from a well that is burdened by multiple overriding royalty interests, which reduce the operator's net…
Article

Kiefaber & Oliva LLP | USA | 20 Jun 2014

Allocation of production – Springer Ranch v. Jones

In Springer Ranch v. Jones, No. 04-12-00554-CV, 2013 Tex. App. LEXIS 15370 (Dec. 20, 2013), the San Antonio Court of Appeals addressed issues…
Article

Kiefaber & Oliva LLP | USA | 20 Jun 2014

Ohio Appellate Court holds that anti-assignment clauses in oil and gas leases are enforceable if “clear and unambiguous”

On November 18, 2013, the Court of Appeals of Ohio, Fourth Appellate District, decided an appeal over an anti-assignment clause involving three…
Article

Kiefaber & Oliva LLP | USA | 20 Jun 2014

Protection of operators under Joint Operating Agreements

On February 14, 2014, the U.S. District Court for the Southern District of Texas - Houston Division, followed the expansive protections granted to…
Article

Kiefaber & Oliva LLP | USA | 20 Jun 2014

Ohio Appellate Court affirms automatic vesting of severed minerals under Ohio’s Dormant Mineral Act – 1989 version

On April 3, 2014, the Court of Appeals of Ohio, Seventh Appellate District issued its decision in Walker v. Noon, 2014-Ohio-1499; 2014 Ohio App…
Article

Kiefaber & Oliva LLP | USA | 20 Jun 2014

Ohio legal update – Dormant Mineral Act

Ohio's Dormant Mineral Act ("DMA") has been a consistent source of frustration for oil and gas operators in Ohio as they plan their leasing and…
Article

Kiefaber & Oliva LLP | USA | 20 Jun 2014

Fractional royalty and fraction of royalty – Graham v. Prochaska

A long-standing source of litigation has been whether a reserved royalty is a fixed or fractional royalty. The Fourth District Court of Appeals, San…
Article

Kiefaber & Oliva LLP | USA | 20 Jun 2014

Substantial performance operates to preserve lease

The Southern District of Ohio in Baile-Bairead, LLC v. Magnum Land Servs., LLC, No. 2:12-CV-00957, 2014 U.S. Dist. LEXIS 65787 (S.D. Ohio May 13…
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