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Surface Use: The Dominant Estate, Reasonable Use, and Due Regard

Contains material from May 2018

Surface Use: The Dominant Estate, Reasonable Use, and Due Regard
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Discuss recent opinions defining the distinction between the surface and mineral estates; history of the mineral owner's implied surface-use right and its limitations; accommodation doctrine opinions, including recent developments and the questions they raise; the roles of the Railroad Commission and municipalities; the temporary-injunction tip-off; and practical tips.

Includes: Video Audio Paper Slides


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1. Surface Use: The Dominant Estate, Reasonable Use, and Due Regard (May 2018)

David E. Jackson

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43 mins
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43 mins
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Session 1 —43 mins
Surface Use: The Dominant Estate, Reasonable Use, and Due Regard (May 2018)

Discuss recent opinions defining the distinction between the surface and mineral estates; history of the mineral owner's implied surface-use right and its limitations; accommodation doctrine opinions, including recent developments and the questions they raise; the roles of the Railroad Commission and municipalities; the temporary-injunction tip-off; and practical tips.

Originally presented: Apr 2018 Oil, Gas and Mineral Law Institute

David E. Jackson, Jackson Sjoberg & Townsend, LLP - Austin, TX