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No One-Size-Fits-All Ruling In Texas Retained Acreage Cases

Law360 (April 13, 2018, 10:05 PM EDT) -- In a pair of opinions Friday, the Texas Supreme Court found sufficient differences in “retained acreage” clauses in two West Texas mineral leases to uphold lower court victories by Chesapeake Exploration LP and Discovery Operating Inc., despite arguments that the rulings clashed.

The closely watched cases address the rights oil and gas companies have to drill on property they had leased but hadn’t yet begun operations on by the expiration of a set term. Retained acreage clauses provide that if an energy company isn’t using all...
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