Articles on Mineral Law

Secretary of Energy announces first projects to meet president’s commitment to new clean coal technologies By Drew Malcomb Mineral Law, March 2003 Washington, DC ­ Secretary of Energy Spencer Abraham today announced the first eight projects chosen by the Department of Energy in the initial phase of President Bush's Clean Coal Power Initiative.
Seiler v. Zeigler Mineral Law, March 2003 I.W. Reagin, Marion E. Reagin, and Belle Seiler inherited three tracts of real estate as heirs of C.W. Reagin and Josephine Reagin. C W. Reagin met his demise on December 30, 1930, and Josephine Reap,in met her demise on October 21, 1944.
Freedom Oil codification Racial and Ethnic Minorities and the Law, January 2003 Portions of proposal 93-17 were first brought to the attention of the ISBA in 2000 by the Local Government Section Council, seeking to codify the holding in Freedom Oil Co. v. Ill. Pollution Board on behalf of municipalities, units of local government and school districts.
Assessment and taxation of interests in oil and gas as real estate By John C. Robison, Jr. Mineral Law, November 2002 The recent case of Pawnee Oil & Gas v. County of Wayne, 323 Ill. App. 3d 426, 751 N.E.2d 1268, 256 Ill. Dec. 431 (5th Dist. 2001), leave to appeal denied, illustrates both the theoretical and practical problems of assessing and taxing interests in oil and gas as real estate.
Killion v. Meeks: Tax deed trumps adverse possession, but what else? By James K. Weston Mineral Law, November 2002 In a recently filed opinion in the case of Killion v. Meeks, (2002 WL 31058293, Ill. App. 5th Dist. 2002, September 13, 2002), the Fifth Appellate District determined that title through a tax deed trumped claims to title be an adverse possessor.
The oil and gas lease* By Ivan A. Elliott, Jr. Mineral Law, November 2002 "This is a Standard Producers 88 lease, so you can sign it without reviewing its fine print."
To buy or not to buy: Who gets the shaft? By James K. Weston, Sr. Mineral Law, November 2002 Over the long term, ownership of severed mineral estates and interests has been stable.
Donaldson v. CIPS: a case of pennywise, pound foolish? By James K. Weston, Sr. Mineral Law, June 2002 The Illinois Supreme Court recently decided the case of Zachary Donaldson, et al., v. Central Illinois Public Service Company, et al., Docket No. 89679, opinion filed February 22, 2002.
Editor’s note By Christopher L. Weber Mineral Law, June 2002 Submission of articles to this newsletter is welcomed and encouraged.
Denial of appeal moves SDO forward Mineral Law, March 2002 Save Domestic Oil has won another round in federal court, moving it one step closer to an investigation into its charges that four foreign countries forced down U.S. crude oil prices in 1998 by illegally dumping low priced oil on U.S. Markets.
FERC holds key to fair competition By David Sweet Mineral Law, March 2002 For most of the last decade, the independent natural gas producer has not been adequately rewarded for producing a superior product more proficiently.
Editor’s notes By Christopher L. Weber Mineral Law, November 2001 On February 7, 2001, the Circuit Court of Madison County entered a judgment in favor of plaintiffs, Kenneth Voigt, Dorothy Voigt, and Melba Voigt, and against defendants, Karchmer Pile & Supply, Inc., Watomwa Production Company, Confed Oil Corp. and KIEC, Inc., in the amount of $2,838,475.78, including punitive damages, and in favor of plaintiffs, Joanne Carraway, Jack McCarty, Suzanne Pringle, Marion Bonnell, Brian Millsap and David Millsap and against defendants, Karchmer Pipe & Supply, Inc., Watomwa Production Co., Confed Oil Corp. and KIEC, Inc., in the amount of $905,262.71.
New Illinois laws for 2001 that affect oil and gas and other mineral law By James K. Weston, Sr. Mineral Law, November 2001 After the conclusion of the spring session of the 92nd Illinois General Assembly, Governor George Ryan signed 494 bills into law.
The Oil Pollution Act of 1990, by definition, may ensnare unsuspecting “passive” owners Mineral Law, November 2001 As a result of the billions of dollars in damages assessed against Exxon Corporation as a result of the Exxon-Valdez oil spill, Congress passed the Oil Pollution Act of 1990 (33 U.S.C. 2701 et. seq.)
Daniels announces program to revitalize Southern Illinois coal industry By Greg Durham Mineral Law, August 2001 PICKNEYVILLE, IL ­ Illinois House Republican Leader Lee A. Daniels (Elmhurst) unveiled a legislative initiative designed to help create jobs in Southern Illinois by revitalizing that region's coal industry.
Letter from the chair Mineral Law, August 2001 During the past several years, I have come across an increasing number of conveyances containing the words "excepting the minerals" or like language.
Mineral Law Section Council minutes Mineral Law, August 2001 The meeting was called to order by Chairman George C. Lackey at 12:00 noon.
Appellate court rules pending litigation no excuse for non-production under oil and gas lease By John E. Rhine Mineral Law, February 2001 In Maschoff v. Klockenkemper (_____ Ill. App.3d ), 5th District, No. 5-99-0276, December 7, 2000) the Illinois Appellate Court has ruled that non-production terminates an oil and gas lease notwithstanding the existence of litigation concerning the validity of that lease.
Oil Brine Task Force seeks damaged sites for remediation Mineral Law, February 2001 The Southeastern Illinois Brine Damage Task Force is asking landowners who have oil brine damaged sites to contact it.
Pawnee Oil and Gas Inc. v. The County of Wayne et al, No. 5-00-322 By David M. Williams Mineral Law, February 2001 An interesting case is now fully briefed and awaiting a date for oral argument in the Fifth Appellate District for the State of Illinois.
Unitization order by Department of Mines and Minerals is res judicata as to issues of title By George C. Lackey Mineral Law, February 2001 The Fifth District Appellate Court has ruled that a unitization order issued by the Department of Mines and Minerals is res judicata as to issues of title and that questions of title decided by the Department in connection with a unitization proceeding cannot be collaterally challenged in subsequent court actions.
Hey, that’s my dirt! Subsurface trespass in horizontally drilled wells By Joy Stevens Mineral Law, November 2000 The Egyptians coated mummies and sealed their pyramids with it. The Babylonians, Assyrians, and Persians used it to pave their streets and to hold their walls and buildings together.
Extension of terminable mineral interests by off-tract production By John C. Robison, Jr. Mineral Law, August 2000 With the recent decision in Schwarm v. Mexia Holdings, 308 Ill. App. 3d 587, 720 N.E.2d 330, 241 Ill. Dec. 875 (5th Dist. 1999) (Mineral Law Newsletter, V. 26, No. 2, March 2000), we are reminded that a terminable mineral interest may be extended by production from land other than the land in which there is a terminable mineral interest.
Highlights of Annual Meeting of Mineral Law Section Council of the Illinois State Bar Association Mineral Law, August 2000 On June 17, 2000, the ISBA Mineral Law Section Council met at French Lick, Indiana.
Save Our Little Vermillion Environment, Inc., Plaintiff-Appellee, v. Illinois Cement Company, Defendant-Appellant Mineral Law, August 2000 Owner of an undivided three-fifths interest in mineral rights reserved by a land grantor filed a complaint for declaratory and injunctive relief against the grantee's successor, a cement company, seeking to prevent the company from mining limestone on the property.
Bankruptcy issues in oil and gas By David W. Elmquist Mineral Law, June 2000 Following the downturn in the oil and gas industry and the bankruptcy cases filed in the late 1980s, there have been only a few bankruptcy decisions and statutory amendments to the Bankruptcy Code which have addressed oil and gas issues.
Southern Ute: trial court-to-Supreme Court By Elizabeth A. McClanahan Mineral Law, June 2000 One of the most interesting coalbed methane cases in the United States involved the historical relationship between the United States government and native Americans.
Fiduciary responsibilities to venture partners By Dennis Keeley, Kerry Shapiro, & Joseph E. Berg, III Mineral Law, March 2000 Venture is not a precise term. In a general sense, a venture is often understood to be an agreement between two or more parties for a specific project or purpose
Unique factual situation relating to an oil and gas lease and a subsequent mineral deed-issue. Had the mineral deed expired and the interest reverted to grantors? Mineral Law, March 2000 Plaintiffs Herschel and Robert Schwarm are trustees of the Noble Ervin Schwarm trust, which owns a reversionary mineral interest in certain Fayette County real estate. Defendants Mexia Holdings, L.P. (Mexia), and Monarch Resources, L.L.C. (Monarch), purport to own one-half of the mineral interests in said real estate by reason of a mineral deed from Arl Schwarm and Nellie Schwarm, dated October 1938.
Web site/Bureau of Land Management Mineral Law, March 2000 The Bureau of Land Management has made it possible to search for Eastern States land patents at its General Land Office Records Automation web site: http://www.glorecords.blm.gov.

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