Educate Yourself About Your Rights! The Draconian Application of Statute of Limitations in Texas

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

 

 

Views: 268

Tags: limitations, statute, texas

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Comment by Jan Childress on February 1, 2011 at 3:45pm

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!

Comment by Sarah on January 20, 2011 at 9:49pm
Thank you!

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