Nature Of Ownership In Oil And Gas Flashcards
Correlative rights
Each owner has the right to his fair share of oil and gas under his land as well as protection from negligent damage from the producing formation
Rule of capture
Absent negligence, landowners have the right to produce migratory minerals without being liable to their neighbors
Ownership in place
(TX, NM, CO, KS) you own the subsurface minerals but ownership can be taken away under the rule of capture
Ownership after production
Oklahoma, Louisiana, California
You do not own any oil and gas until it has been captured and brought to the surface
Elliff v. Texon
Texas
The blowout was due to negligence with the drilling mud and based on the correlative rights doctrine the defendant was liable for damages
Northern natural gas v. L.D drilling
Kansas
The rule of capture does not protect the production of non-native gas