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Read ArticleIMMUNITY As with any claim asserted against a government employee or official, the first line of defense is the affirmative defense of immunity from suit, either absolute or qualified. Consequently, a good understanding of both of these types of immunity is very important to the practitioner. The modern doctrine of immunity, either qualified or absolute, […]
Read ArticleThe proliferation in horizontal drilling over the last decade has given rise to new, complex legal issues. One area where the law has increasingly lagged behind the technology is in the calculation of royalties for horizontal allocation wells – in particular, the question of the division of royalties from horizontal wells crossing adjacent units has […]
Read ArticleTexas jurisprudence has long held that the royalty “stick” of the mineral estate is free of production costs. Although the royalty interest is not subject to production costs, royalty is usually subject to post-production costs. Heritage Resources, Inc. v. NationsBank, 939 S.W.2d 118, 122 (Tex. 1996). Nevertheless, parties are free to contract around this general […]
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