The newsletter of the ISBA’s Section on Mineral Law
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Newsletter articles from 2003
Attorney fees for appeal under Oil and Gas Release Act
In the recent case of Maschhoff v. Klockenkemper, the issue was whether the successful party at the trial level was entitled to recover attorney fees both for the trial and also the appeal under the Oil and Gas Lease Release Act.
Council votes support for repeal of 765 ILCS 535
At its September meeting in Mt. Vernon, the Section Council heard the recommendation of Past Chair George C. "Curt" Lackey of Centralia that we support the repeal of 765 ILCS 535, the Oil and Gas Lease Release Act.
Dart, et al. v. Leavell. et al.(No. 5-02-0441)
The plaintiffs, Herbert Eugene Dart and Mary Jane Dart, filed an action to cancel an oil and gas lease granted to the defendants, Stanley Leavell and Eva Lovene Leavell, alleging that the lease had been forfeited due to nonproduction and inoperable equipment.
Dart v. Leavell
As noted in the last edition of this newsletter, at that time the case of Dart v. Leavell was unpublished under Rule 23.
In this issue of the newsletter, the first article is the second of a series of articles by the late Ivan A. Elliott, Jr., which originally appeared in this newsletter in 1985.
During the recent upturn in crude oil prices, some Illinois Basin producers are looking at hedging a portion of their crude oil production in order to capture high prices for an extended period of time and also to ensure cash flow for future projects.
Washington--Although the heavy lifting was reportedly being delayed until April, national energy policy legislation did begin to take shape in March when committees in both chambers released draft bills, and four Senate leaders introduced a comprehensive energy tax bill.
Federal Trade Commission fax rule
The Federal Trade Commission recently delayed implementation of a new rule originally scheduled to take effect on August 25, 2003 until January 1, 2005.
From the chair
First, Chris Weber, Section Chair and previous Editor of this newsletter for several years, is to be commended for the terrific accomplishments during his watch.
From the editor
This edition we are going to focus on several new developments and also on something we may take for granted.
The highway commissioner
[The following is condensed from materials presented by John W. Foltz at the ISBA's Agricultural Law Seminar sponsored by the Agricultural Law Section Counsel.
IRS temporarily halts off-road tax proposal*
HOUSTON--The Internal Revenue Service has at least temporarily halted its attempts to impose federal retail excise taxes on nonfarm equipment used by the oil and gas drilling and well servicing industries, reports the Association of Energy Service Companies.
Leavell v. IDNR
In another case involving the Leavell family, they were successful in an appeal challenging the decision of the Circuit Court upholding the Illinois Department of Natural Resources, Office of Mines and Minerals, finding of abandonment.
Notes from the editor
This issue of the newsletter contains a recent Rule 23 order of the appellate court of Illinois, Fifth District, affirming the judgment of the Circuit Court of the Second Judicial Circuit, Crawford County.
The oil and gas lease*
Let's not get too technical. The Illinois Supreme Court said of an oil and gas lease, "A mining lease is a lease in fact as well as in name." People ex rel. Hargrave v. Phillips, 394 Ill. 119, 122, 67 N.E.2d 281 (1946).
Overstay your lease—Adverse posession?
Our Chair, Chris Weber, calls attention to a recent case from the Texas Supreme Court that presented an interesting twist to a landlord's suit for a finding that leases were terminated due to periods of non-production ranging from 30 to 153 days.
Rules not right for most oil and gas*
Technical problems aside, oil and gas drilling and production sites should be exempt from federal stormwater runoff permitting requirements, independent producer associations maintain in comments filed with the U.S. Environmental Protection Agency.
Save domestic oil launches an appeal of new judge’s ruling*
ENID, OK.--The Committee to Save Domestic Oil has appealed a federal court ruling that negated its earlier legal victories to the U.S. Court of Appeals for the Federal Circuit, reports Sue Ann Hamm of Continental Resources in Enid.
Seiler v. Zeigler
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.
Storm runoff liability exemption inapplicable
An apparent exemption from liability for stormwater runoff liability has been construed not to apply in the case of The People ex rel. Lisa Madigan, Attorney General of Illinois v. Dixon-Marquette Cement Inc. and Prairie Material Sales, Inc., (No. 2-02-0638, Second Appellate District, 2003).
Taxing tiers above title
Senate Bill 1883 provides that the transfer tax on real estate transactions is expanded so that it applies to certain off-record transfers.