attorney in texas who can recover monies from oil co.

by Miss Laurianne Morar 6 min read

How can an oil and gas litigation attorney help my case?

Contact Us! 866-474-1477. The Oil Business Litigation Lawyer Handles Oil Business Litigation Lawsuits Throughout Texas Including Litigation Between Business Partners, Shareholders, and Texas Businesses By Texas Oil Business Litigation Lawyer Jason S. Coomer. Texas oil business litigation lawyer, Jason Coomer, handles Texas oil business litigation where an oil business …

How can I recover attorney's fees under Texas law?

Browse local Texas Oil And Gas attorney and law firm listings and reviews on Lawyers.com to find the best lawyer for your Oil And Gas legal needs.

Why hire our Corpus Christi and North Dakota lawyers?

Texas Oil Royalty and Real Estate Lawyer, Jason Coomer handles a variety of Texas mineral interest, oil royalty, and inheritance cases. He helps families transfer, claim, and protect Texas mineral interests. He helps beneficiaries, heirs, royalty interest owners, working interest owners, and families claim their rightful share of inheritance and trust assets.

Are oil and gas companies protecting landowners’ interests?

Feb 04, 2022 · Representative Reggie Smith, a Republican from Sherman, Texas, has introduced House Bill 3262, which would amend Section 91.402(b) to deprive royalty owners of the right to sue their oil company operator for a breach of contract to recover royalty payments that are withheld due to a title dispute unless the lease states otherwise.

What is oil and gas law?

Oil-and-gas law covers a wide array of litigation topics—including condemnation, real-property rights, express and implied contract obligations, and administrative issues (among many others). It would be impossible to cover every possible type of claim in the oil-and-gas legal arena in one presentation, and this paper does not attempt to do so.

What is a trespass claim?

Trespass “is defined as an unauthorized entry upon the land of another .” Mathis v. Barnes, 377 S.W.3d 926, 931 (Tex. App.—Tyler 2012, no pet.) . “A trespass can be either by entry of a person on another’s land or by causing or permitting a thing to cross the boundary of the premises,” and such an unauthorized entry “is a trespass even when there is no or only slight damage.” Id. The ultimate “measure of damages in a trespass case is the sum necessary to make the victim whole, no more, no less.” Meridien Hotels, Inc. v. LHO Fin. P’ship I, L.P., 255 S.W.3d 807, 821 (Tex. App.—Dallas 2008, no pet.) . The type of damages allowed in a trespass case depends on the character of the injury, if any, and the intent of the tortfeasor.

What is the duty of a trustee in Texas?

Trustees have a duty to provide an accurate accounting of property that is put in their safekeeping . Failure of a trustee to prudently invest property or take care of these assets can lead to a breach of fiduciary lawsuit. Unfortunately, there are trustees that will commit fraud and other wrongful acts to steal money from trusts and rightful beneficiaries. Some of these banks and other trustees will take money that does not belong to them and treat it as their own. Whether these negligent or fraudulent trustee are banks, family members, step relatives, or opportunists, it is important to have a Texas Trust Fraud Lawyer that can help seek compensation for the theft or negligent management of Trust Assets.

What is mineral rights?

Mineral rights refer to mineral substances below a certain depth and the way in which they are preserved, explored or extracted. These mineral substances can include natural gas, oil, or any other substance in common use today that can be mined or otherwise extracted from below the surface.

Who is Jason Coomer?

Texas Oil Royalty and Mineral Interest Inheritance Lawyer, Jason Coomer handles inheritance issues, oil production fraud cases, intestate issues, trust fraud lawsuits, and probate matters in Travis County, Williamson County, Bexar County, and Hays County as well as works with other Texas Mineral Interest and Oil Royalty Rights probate lawyers across Texas including Dallas County, Harris County, Fort Bend County, and Tarrant County works to draft Wills and Trusts to protect the wishes and best interests of his clients. He works with Houston Probate Lawyers, Dallas Probate Lawyers, and several other Texas Probate Lawyer.

What happens when you separate mineral rights from surface rights?

In situations where mineral interests have been severed from the surface rights, a new and separate chain of title for the minerals begins and must be kept track of and properly recorded. Failure to keep track of mineral interests can result in the loss of the mineral interest and loss of oil and gas royalties.

What is a will contest?

A Will Contest occurs when there is something wrong with a Will. In some instances the Testator did not have actual "testamentary capacity" or "testamentary intent" to draft a proper Will. In such a situation the Will is not valid and interested parties including a beneficiary or heir that was disinherited or lost inheritance through the invalid Will can contest the Will as being invalid. For more information on Will Contests go to our web page on Texas Will Contest Lawsuits.

Where do you file a will after a person dies?

After a person dies, the Will and a death certificate need to be filed in the probate court or county court where the decedent resided when they died. After both the Will and Death Certificate are filed with the proper court, a hearing has to held where the death of the decedent is proven, the Will is to be determined to be valid, and the executor is sworn in and appointed.

What is Regmund v. Talisman Energy?

Talisman Energy U.S., Inc. You can review pleadings in the case here. Three royalty owners filed the class action lawsuit in 2016 alleging that Talisman Energy was under-reporting royalties and was improperly calculating royalties from 2013 to 2016. Talisman was acquired by Repsol S.A. in 2015. The suit claimed that the oil company paid royalties based on estimated sales of oil and gas rather than the actual volume of oil and gas produced and sold.

What is the Supreme Court ruling in BPX v. Stockhausen?

v. Margaret Ann Stockhausen, denied an oil company’s claim that acceptance of royalty checks by the mineral/royalty owner ratified the oil company’s illegal pooling of her property.

Why are solar panels important?

From what I read, it appears that there are many people, including politicians in our federal government, who believe that electricity produced by solar panels should be a substitute for oil and gas production. However, there are a number of aspects of energy produced from solar panels that don’t appear to be considered: 1 studies have indicated that solar panels may actually increase global warming. The reason is that solar panels only convert around 15% of the sunlight that hits them into electricity. The rest is given off into the environment as heat. For small installations of solar panels, that may not be a big deal. But large-scale installations, the kind that would be needed to produce large amounts of electricity, would emit a large quantity of heat, thus potentially raising global temperature. You can read about one study published in 2018 in the journal Science here. Another study that reaches the same conclusion was published in 2016 in the journal Nature and can be reviewed here. 2 many of the parts used to build solar panels and the batteries in which the electricity produced by solar panels is stored come from China exclusively. To the extent energy production in the future relies on solar energy, we are going to be at the mercy of China unless we can come up with domestically produced alternatives.

Can solar panels replace oil?

From what I read, it appears that there are many people, including politicians in our federal government, who believe that electricity produced by solar panels should be a substitute for oil and gas production. However, there are a number of aspects of energy produced from solar panels that don’t appear to be considered:

Has Biden canceled the Keystone pipeline?

As most people are aware, President Biden has canceled the permit for the Keystone pipeline with one of his first executive orders. While environmental interests certainly applaud this move, there will be consequences that politicians may not be taking into account.

Where do solar panels come from?

many of the parts used to build solar panels and the batteries in which the electricity produced by solar panels is stored come from China exclusively.

How long does it take to get a written notice from an oil company before drilling?

Another statute that aims to protect surface owners from oil or gas company disruption is the “Common Courtesy Act,” requiring oil and gas developers to give surface owners 15-days’ written notice prior to entering the property for well drilling or maintenance.

How do mineral owners get damages?

Mineral owners often suffer damages at the hands of oil and gas companies through improper payment of royalties or negligent treatment of mineral resources. Seven common types of disputes often arise regarding the mineral owner’s rights and terms of a lease agreement.

Why is pooling important?

Pooling helps to decrease costs and waste production, usually benefitting the landowner. But pooling can also cause problems. If the developer pools the actual oil and gas resources, mineral owners should review their lease to make sure that royalty interests are still optimized if production stops on their own land.

What is surface rights?

Surface rights include the right to farm your land, erect buildings, and develop wells or underground structures, but surface ownership does not grant a landowner the right to lease or sell their land to an oil company for development. To do this, you must have mineral ownership.

Who has the right to lease minerals?

Mineral owners have the right to lease their portion of minerals, also called the “executive right.” If more than one mineral owner is involved, only the ones with executive rights have the right to lease their portion of the minerals.

What are the issues with oil and gas?

A number of issues can arise from the use of surface land in oil and gas production, including a loss of land use and environmental impacts. While oil and gas companies are exploring or producing on your land, you may temporarily lose the use of that land for livestock, growing crops, building or other projects.

Can you sublease a mineral lease?

Some developers will sublease a portion of their lease and assign rights to third parties to obtain financing, often without the mineral owner’s consent. You will want to review your lease agreement to determine if the company must notify you before transferring rights to a third party. This can help you identify any liable parties should a problem arise.

How much money is unclaimed in Texas?

There is currently more than $2 Billion worth of Texas unclaimed money being held by the Lone Star State! There are about 25 million people in Texas and about 6 million names on the list of unclaimed money in Texas.

What is unclaimed property?

For a little background information, unclaimed property is defined as “any financial asset that has been abandoned by the owner for one or more years”.#N#Now, you may ask “why would someone abandon their own money?”. Well for the most part they don’t do it on purpose!#N#For instance, some examples of Texas unclaimed money include: 1 Dividend, payroll or cashier’s checks 2 Stocks, mutual fund accounts, bonds 3 Utility deposits and other refunds 4 Bank accounts and safe deposit box contents 5 Insurance proceeds 6 Mineral interest or royalty payments 7 Court deposits, trust funds, escrow accounts

I. Introduction

  • Oil-and-gas law covers a wide array of litigation topics—including condemnation, real-property rights, express and implied contract obligations, and administrative issues (among many others). It would be impossible to cover every possible type of claim in the oil-and-gas legal arena in one presentation, and this paper does not attempt to do so. Rather, the intent of this paper is to pres…
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II. Damages in Litigation Brought by The Mineral Lessor

  • A. Lease-Based Contract Claims An oil-and-gas lease is a contract like any other contract and must be treated as such. Tana Oil & Gas Corp. v. Cernosek, 188 S.W.3d 354, 359 (Tex. App.—Austin 2006, pet. denied). Texas law contemplates two types of duties in oil-and-gas leases: those expressly made in the contract and those implied by law. 1. Express Royalty Obligations O…
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III. Damages in Litigation Brought by The Surface Owner of Leased Land

  • A. Trespass One of the most frequent claims brought by landowners who do not own the minerals beneath their land against oil-and-gas operators is the ordinary physical trespass cause of action. Trespass “is defined as an unauthorized entry upon the land of another.” Mathis v. Barnes, 377 S.W.3d 926, 931 (Tex. App.—Tyler 2012, no pet.). “A trespass can be either by entry of a person o…
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IV. Additional Claims and Issues in Oil-And-Gas Cases

  • A. Trespass to Try Title Competing claims of title to oil-and-gas interests are ordinarily resolved through the trespass-to-try-title cause of action. See Martin v. Amerman, 133 S.W.3d 262, 267 (Tex. 2004) (holding trespass to try title is the method in Texas for adjudicating real-property title disputes). To prevail on a trespass-to-try-title claim, a plaintiff must show: (1) a superior chain o…
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