2013 Annual Oil and Gas Law Update

This chapter summarizes significant statutory, regulatory, and common law developments concerning many aspects of upstream oil and gas development in the United States that have occurred during the last half of 2012 and the first half of 2013.
§ 10.02 Mineral Title
[1] Arkansas
[a] Nicholson v. Upland Industrial Development Co.1
The Supreme Court of Arkansas held that a deed reservation for “mineral deposits” properly reserved the rights to oil and gas pursuant to the Strohacker doctrine. …
[b] Staggs v. Union Pacific Railroad Co.5
The Supreme Court of Arkansas held that the factual analysis required by the Strohacker doctrine is only necessary for periods when it was uncertain if the term “minerals” included rights to oil and gas.6 …
[2] North Dakota
[a] Estate of Christeson v. Gilstad10
The Supreme Court of North Dakota held that a lease did not have to be executed by the owner of record to qualify as “use” pursuant to North Dakota's dormant mineral statutes.11 …
[b] Reep v. State17
The trial court granted partial summary judgment to the State of North Dakota, concluding that the state owns the minerals under the land between the ordinary high and low watermarks on the navigable waterways at issue. …
[3] Pennsylvania
[a] Butler v. Charles Powers Estate19
The Supreme Court of Pennsylvania held that the Dunham Rule--pro