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Tag: Upstream lawyers

Does the Fifth Amendment Apply to Lessee Property Interests?

May 2023 – In State ex rel. Awms Water Sols., LLC v. Mertz, AWMS Water Solutions, LLC (“AWMS”) and the Ohio Department of Natural Resources, et al., (“Division”) engaged in lengthy litigation that considered whether the suspension of an injection permit constituted an unconstitutional regulatory taking under the Fifth Amendment.
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Honing the Habendum: What Happens When Lease Provisions Deviate from Standard?

May 2023 – In Thistle Creek Ranch, LLC v. Ironroc Partners, LLC,[1] Thistle Creek, LLC (the “Lessor”) argued that the trial court erred in granting summary judgment in favor of Ironroc Partners, LLC (the “Operator”). In making this appeal, the Lessor specifically claimed the Operator failed to prove the subject lease was held by production “in paying quantities” during its secondary term.
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