ACQUISITION OF OIL & GAS PROPERTIES: Make those Indemnity Provisions (CONSPICUOUS)

By |2021-03-25T15:26:12-05:00March 20th, 2020|

Well, the price of oil is up a "bit" today. Here is a good reminder when drafting those "nasty" indemnity clauses: In every purchase and sale agreement, there is an indemnity clause. Indemnity clauses, which appear in many, many contracts and many, many types of contracts, are drafted to relieve one party to the contract

Acquisition of Oil & Gas Properties: Being the Preferred Seller/Buyer in a Disrupted Market

By |2020-03-11T21:59:53-05:00March 11th, 2020|

In today's disrupted oil and gas industry, expect to see a number of "emergency" business transactions. Our abilities to be effective in our negotiations may make a big difference for our clients. While this blog focuses on buying and selling oil and gas properties - it is applicable to all business transactions and negotiations. This

EASEMENTS, RIGHTS OF WAY, & EMINENT DOMAIN

By |2019-10-16T21:57:53-05:00October 16th, 2019|

Hello friends. On December 17th, I will be presenting at a one-day educational seminar in Austin that will address easements, rights of way, and eminent domain. This is a good seminar for attorneys, right of way agents, landmen, engineers, surveyors, and administrative personnel. It will be approved for continuing education credits for virtually all professions.

USING STATUTORY DIVISION ORDERS TO CURE TITLE ISSUES

By |2019-10-15T21:55:31-05:00October 15th, 2019|

Oil and gas title examinations are tough – and recent Texas Supreme Court and appellate court decisions on the construction of old royalty conveyances and reservations have complicated the examination process. These days it is hard to determine whether that 1950s deed reserved a “fixed royalty” (e.g. a 1/32nd interest in the oil and gas

Rule 37 and Horizontal Wells – a time to rethink the regulatory burden?

By |2019-09-12T21:49:33-05:00September 12th, 2019|

Apparently, at least the staff of the Railroad Commission is taking an unduly restrictive view on Texas Rule 37. This Rule provides that, without notice and an opportunity for hearing, no well shall be drilled nearer than 467 feet to a property line. 16 TEX. ADMIN. CODE §3.37 3.37 (Tex. R.R. Comm’n, Statewide Spacing Rule).

POST PRODUCTION COSTS – WRITING A CLEAR CLAUSE (AS THE HAYNESVILLE RECOVERS)

By |2019-03-20T21:46:41-05:00March 20th, 2019|

Generally speaking, post-production costs are the expenses incurred in order to get natural gas from the wellhead to market. These costs include gathering, compression, dehydration, processing, fractionation, treating, handling, and transportation. For many years, natural gas sales were at the wellhead and price regulated (by the Federal Power Commission and later the Federal Energy Regulatory

Production Sharing Agreements: A Call for Simplicity

By |2019-03-15T21:43:20-05:00March 15th, 2019|

Edward Wilhelm and I had the opportunity to make a presentation at the Ark-La-Tex annual landman conference late last month in Shreveport. By the way, the Ark-La-Tex is an excellent conference, competitively priced, and especially good if you are conducting business in east Texas or north Louisiana. One thing I see frequently, now, are 5-10

Acquisition of Oil & Gas Properties: Confidentiality Agreements

By |2019-02-16T21:39:47-05:00February 16th, 2019|

If you are looking to purchase oil and gas properties, you can safely assume that, prior to entering into negotiations, you will be required to into an agreement concerning the confidential nature of the information and data that will be exchanged. In short, you will be required to keep a lot of information confidential. Confidentiality

When an offset well isn’t an offset well

By |2019-02-16T21:36:25-05:00February 16th, 2019|

In Murphy Expl. & Prod. Co. - U.S. v. Adams, 560 S.W.3d 105 (Tex. 2018), a divided Supreme Court held that an offset well clause did not require an operator to drill a well to protect against drainage but, instead, required only that the operator drill a new well on the leased premises. Of course,

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