Conflicts Between the Exploitation of Lignite and Oil and Gas: The Case for Reciprocal Accommodation

摘要

This report analyzes the incompatibility of certain types of mineral development on the same acreage from several perspectives. An introduction to the basic problems of the ownership of minerals along with an introduction to existing Texas statutes and regulations which impact mineral development illustrates and explains the nature of the conflict. A look at the doctrines of subjacent support and implied easements follows. An in-depth analysis is presented of Reed vs Wylie, a Texas Supreme Court decision that seems only to exacerbate the developmental conflicts in Texas. An analysis of the common law or judicial solutions to the problem of mutually exclusive developmental rights ties together the earlier discussions and directly relates them to the problem at hand. An extensive analysis of Texas cases insofar as they deal with the problem of the correlative nature of the rights of the minerals and surface owners also is included. An analysis of the growth of so-called surface owner consent statutes which have been enacted in several states rounds out potential solutions to the problem. These statutes give surface owners the right to veto certain types of mineral development under certain circumstances. The validity and application of these statutes as illustrated by several recent court decisions is studied. Finally, recommendations for resolving developmental conflicts are given, including the need for statutory or regulatory provisions authorizing state involvement in their resolution. (ERA citation 08:036080)