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 […]Read More
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 […]Read More
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 […]Read More