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Hoggs Get Slaughtered: Interpreting an Assignment of “Leases” Versus “Lands” in the Blackbeard Decision
November 2022 — The El Paso Court of Appeals was recently tasked with interpreting whether the granting language in an assignment was broad enough to cover a lease that was not specifically named in the exhibit.
OLIVA GIBBS LLP ADDS SENIOR ATTORNEY, EXPANDS TO NEW SPACE IN OKLAHOMA
November 2022 – Oliva Gibbs is pleased to announce the addition of Senior Lawyer, Gregory Harjo, in Oklahoma City and our move into expanded office space.
Washed Out: Ohio’s Seventh District Court of Appeals Addresses Enforceability of “Anti-Washout” Provisions
November 2022 — The Ohio Seventh District Court of Appeals recently held that the “anti-washout” provision found in various assignments of overriding royalty interests was not binding on the assignees of the original lessee after the underlying leases had expired…
Rethinking Renewables Development – The Land Department Podcast
October 2022 — Brad Gibbs discusses renewables development with Brent Broussard on The Land Department Podcast.
Haunting Your Ex Beyond the Grave: The Johnson Decision
October 2022 — In Johnson v. Dunham, The Eastland Court of Appeals was tasked with determining whether a mineral interest, which was neither mentioned nor described in a final divorce decree, should be divided in a post-divorce partition.
OLIVA GIBBS LLP OPENS LOUISIANA OFFICE, WELCOMES KATE BAILEY LABUE
September 2022 — Oliva Gibbs is pleased to announce the opening of a new office in Lafayette, Louisiana, and the addition of Kate Labue. Kate is the firm’s third attorney resident in Louisiana…
Superior Court of Pennsylvania Clarifies the Difference Between an “Exception” and a “Reservation” in the Context of an Oil and Gas Clause
September 2022 – In Hunnell v. Krawczewicz, 2022 PA Super 166, the Superior Court of Pennsylvania discussed the difference between an “exception” and a “reservation” of oil and gas rights in a deed…
Dormant Mineral Act – “Ignorance of a Mineral Owner’s Last Known Location is No Excuse”
August 2022 — In Fonzi v. Brown, the Supreme Court of Ohio consolidated and examined two cases to determine whether the surface owners of two adjoining parcels of land satisfied the requirements of Ohio’s Dormant Mineral Act (“DMA”) in seeking to have certain mineral interests deemed abandoned.
OLIVA GIBBS LLP ADDS SEVEN LAWYERS IN LOUISIANA, OKLAHOMA AND TEXAS
August 2022 — Oliva Gibbs is pleased to announce the addition of seven lawyers across three states. The group includes the firm’s first attorneys resident in Louisiana – expanding transactional, title and regulatory services for clients with business interests in that state.
Siltstone Res., L.L.C. v. Ohio Pub Works Comm’n: The Effect of Deed Restrictions on Mineral Right
July 2022 – In Siltstone Res., L.L.C. v. Ohio Pub Works Comm’n, 2022-Ohio-483, the Ohio Supreme Court examined whether the lease and transfer of subsurface mineral rights in property purchased with a grant from the Clean Ohio Conservation Fund conflicts with its agreed use and operation as a green-space park area.
The Ohio Supreme Court Classifies Unaccrued Royalties as Real Property and Further Clarifies the Distinction Between a Reservation and an Exception
July 2022 – The Supreme Court of Ohio faced two major issues around inheritance in Peppertree Farms, L.L.C. v. Thonen, 2022-Ohio-395, and Peppertree Farms, L.L.C. v. Thonen, 2022-Ohio-396.
OLIVA GIBBS LLP ANNOUNCES PROMOTION OF D. BRADLEY GIBBS, FIRM NAME CHANGE
July 2022 — Oliva Gibbs is pleased to announce the addition of partner, D. Bradley Gibbs, as a name partner of the firm, which has been renamed Oliva Gibbs LLP. Mr. Gibbs has been recognized as a leading oil and gas lawyer in Texas and is board certified in oil, gas, and mineral law.
Ohio Appellate Court Holds that Production Under a Backdated Lease Does Not Preclude Abandonment of Severed Mineral Interests by the Surface Owner Under the Ohio Dormant Mineral Act
July 2022 – In Stalder v. Gatchell, No. 20 MO 0010, 2022-Ohio-1325, the Seventh District Court of Appeals addresses abandonment, quiet title, Ohio’s Dormant Mineral Act and a deed that dates back to 1904…
Oliva Gibbs Advises Silver Hill Energy Partners III, LP On Haynesville Acquisition
May 2022 — Oliva Gibbs advised client Silver Hill Energy Partners III, LP in connection with the purchase of Haynesville assets from Pine Wave Energy Partners, LLC.
An Update on the Requirements for Deducting Post-Production Costs from Royalty Payments in West Virginia
July 2022 – In SWN Prod. Co. v. Kellam, No. 21-0729, 2022 W. Va. LEXIS 461, the West Virginia Supreme Court of Appeals addressed whether Estate of Tawney v. Columbia Natural Resources, LLC., is still good law…
How Safe is Your Harbor? Suspense of Production Payments in the Wake of 1776 Energy Partners, LLC v. Freeport-McMoran Oil & Gas LLC
May 2022 — In 1776 Energy Partners, LLC v. Freeport-McMoran Oil & Gas LLC, the Court of Appeals of San Antonio examined whether production payments under various joint operating agreements were properly held in suspense without interest under the “safe harbor” provisions of Texas Natural Resources Code Section 91.402(b) (a/k/a the “Texas Suspense Statute”).