I wanted to let Texas royalty owners know the importance of educating yourself about what your rights are as mineral owners. Your rights can be taken away if you are not proactive to protect them. I've attached an article I co-authored almost two years ago discussing how the Texas Court system has eroded royalty owner rights over the past 12 years via a draconian application of applicable statutes of limitations. (Limitations are known as "prescription periods" in Louisiana, and the need to educate yourself in LA is equally important, though this article only addresses Texas law).
Not many people enjoy getting involved in a lawsuit. That is understandable. But oftentimes, you are faced with a situation that you cannot resolve without the legal system. In Texas, depending on the claim you have, you must file a lawsuit to bring such claim within the applicable statute of limitations period. The "discovery rule" can be applied to toll the running of limitations until such time as your injury should have been discovered in the exercise of reasonable diligence, if the injury is inherently undiscoverable and objectively verifiable. The Railroad Commission and your lessee has most of the information you need to educate yourself. As you will see in the article, Texas courts place a heavy burden on you to go and get it.
Discovery%20Rule%20Article%20%2800078659%29.PDF
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Glad you posted this Ben. It was very helpful to know I couldn't just sit and wait for the operator to get their act together as my statute approached. Thanks again!
Shale drilling and lithium extraction are seemingly distinct activities, but there is a growing connection between the two as the world moves towards cleaner energy solutions. While shale drilling primarily targets…
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AboutAs exciting as this is, we know that we have a responsibility to do this thing correctly. After all, we want the farm to remain a place where the family can gather for another 80 years and beyond. This site was born out of these desires. Before we started this site, googling "shale' brought up little information. Certainly nothing that was useful as we negotiated a lease. Read More |
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