Toeppich and Associates

Author: Toeppich Admin

Sovereignty Over the Sovereign: Private Party Imminent Domain vs. the States

Imminent Domain and Sovereign Immunity are two important and controversial topics in any discussion of governmental authority. In re PennEast Pipeline Co. brings these topics to the forefront in the context of federalism and states’ rights. Who can sue the government? What can the government forcibly take? Can a private party forcibly take from a […]

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Correction Deeds in Texas

What is a Correction Deed? A correction deed, or correction instrument, is used to clarify ambiguities or cure errors in an existing instrument conveying real property without having to resort to judicial reformation. Texas law has allowed the limited use of correction deeds, although there was historically little guidance by the legislature or judiciary as […]

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Undivided Fractional Oil and Gas Interests – Part 2: Mineral or Royalty?

An issue often confronted by landmen and title examiners is whether or not an instrument creates a mineral or royalty interest. The answer to this question determines whether or not a lessee has obtained a valid lease, whether or not that lease covers all of the minerals, and what amounts should be paid to which […]

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Characterization of Oil and Gas Interests Under Texas Community Property Laws

Determining ownership of the mineral estate can be a complicated proposition, which is only made thornier by the institution of marriage. The State of Texas is a community property jurisdiction in which ownership is characterized by both the nature of the property in question and the timing of its acquisition by the spouses. Under the […]

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Undivided Fractional Oil and Gas Interests – Part 1: NPRI’s and Harmonization

Oil and gas law is rife with litigation, with few areas as contentious as the creation of undivided fractional interests such as the nonparticipating royalty interest (“NPRI”). The NPRI is carved from the mineral estate and generally consists of the right to royalty under an oil and gas lease. This right to royalty burdens the […]

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