Texas Post-Production Costs Still Constrained By 4 Corners

Law360, New York (June 23, 2015, 11:09 AM EDT) -- On June 12, 2015, the Texas Supreme Court unveiled its 5-4 decision[1] in Chesapeake Exploration LLC v. Hyder, the first decision to discuss the court's key 1996 holding in Heritage Resources Inc. v. NationsBank. A majority of the Texas Supreme Court ultimately sided with the plaintiff royalty owners, the Hyders, and held that Chesapeake is not entitled to deduct post-production costs in calculating overriding royalties on gas under the Hyder lease. In so holding, the Texas Supreme Court reaffirms the underlying premise of Heritage (i.e., the specific lease language used by the parties controls the royalty valuation and deductibility of post-production costs)....

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