The ONLY national organization representing, solely and without compromise, oil & gas royalty owners interests.



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NARO Texas

 

Important News to Texas Royalty Owners:

If you are out of the loop-- time to catch up  Don't miss this article!!

A recent report from The Perryman Group estimates that if fracking were barred, it could potentially cost Denton $251.4 million in economic activity and 2,000 jobs over the next 10 years..
http://www.breitbart.com/Breitbart-Texas/2014/12/16/Texas-City-s-Fracking-Ban-Will-Likely-Cost-Taxpayers-Millions
 

A LEGISLATIVE UPDATE:

NARO – Texas is wrapping up this 2014 with another Brief of Amicus Curiae on the Petition for Review from the Fourth Court of Appeals, the case of Chesapeake v. Hyder.  We joined with the Texas Land and Mineral Owners Association to support the writing of the brief by John McFarland and Honorable Raul A. Gonzalez, former Texas Supreme Court Justice. He is the judge that dissented in the Heritage Resources v. NationsBank case.  

This brief is supporting the decision made in the Fourth Court of Appeals upholding the terms of the contract / lease.  The case was brought by Hyder et al due to Chesapeake aggressively deducting post-production cost from royalty owners without regard to the contract / lease. Should the Petition for Review by the Texas Supreme Court be granted we are requesting the decision of the Fourth Court to be upheld.

The reason that the petition may be granted is if the majority of the justices in the Texas Supreme Court decide that this case has a more statewide impact than just the Respondents.  Otherwise the case will stay with the decision made by the Fourth Court of Appeals.  

 

 

 

IDENTITY AND INTEREST OF AMICUS CURIAE TEXAS LAND AND MINERAL OWNERS ASSOCIATION

 

Texas Land and Mineral Owners Association (“TLMA”) is a statewide advocacy association whose members are farmers, ranchers, and royalty owners.  TLMA’s charter is to support a business and legal environment that accommodates the continued exploration for and production of oil and natural gas and also protects the property rights of mineral owners.

The National Association of Royalty Owners-Texas, Inc. (“NARO-Texas”) is a non-profit trade association organized under Texas law, representing a statewide membership of oil and gas royalty owners and landowners. NAROTexas seeks to protect the economic interests and promote the legal rights of oil and gas royalty owners throughout Texas.  TLMA and NARO-Texas are paying the fees for preparation and submission of this brief.

 

 

INTRODUCTION

 

Texas Land & Mineral Owners’ Association files this brief in support of the Hyders’ arguments. The lease in question was negotiated by sophisticated parties represented by counsel; the parties exercised their freedom of contract and agreed to modify the general rules regarding cost sharing of post-production costs; the parties in clear and unambiguous language declared that the lessor’s overriding royalty shall be “cost-free;” the court of appeals applied settled rules of construction to interpret the lease and correctly decided the case; and this Court does not have conflicts jurisdiction. In the alternative, if the Court should grant the Petition for Review, the judgment of the Fourth Court of Appeals should be affirmed.

This is one of a long line of cases in which Chesapeake has sought to profit at the expense of royalty owners by unjustified deduction of post-production costs from royalties. Chesapeake is the most aggressive exploration company in the industry in seeking to deduct post-production costs. Its practices have led most recently to a class action RICO suit in Pennsylvania1 and an investigation by the U.S. Department of Justice of its royalty payment practices. Investigative reports published by Pro Publica, the Wall Street Journal and Forbes3 conclude that Chesapeake’s methods have greatly reduced the royalties it pays to its royalty

owners, by an average of 85 cents per mcf – much more than other similarly situated operators. Royalty owners’ suits have been brought against Chesapeake by the Dallas-Fort Worth Airport, the City of Fort Worth, the Fort Worth Independent School District, the City of Arlington, the Arlington Independent School District, the Bass family, and Tarrant County College, among many others. These suits have caused the company to report in its latest annual report that “adverse results in pending cases would cause our obligations to royalty owners to increase and would negatively impact our future results of operations.”

 

For the full amicus brief, click here 

 

NARO National Board President, and Texas Mineral owner Candice Brewer was invited to speak before the Texas House of Representatives Energy Resources Committee in Austin on the complex relationship between royalty owners, surface owners and producers. 

 

If you'd like to read her statement from this meeting August 26, 2014 it can be downloaded by CLICKING HERE

 


 


 


2014-2015 Officers and Directors


POSITION FIRST  MIDDLE LAST
OFFICERS:      
President (Co-Director District 6) Jack   Fleet
1st VP (Co-Director District 8) Terry   Retzloff
2nd VP (Director District 4)  Juan  Lino Garza, CMM
Treasurer (Director District 8A) Wana  Dee Box
Secretary (Co-Director District 8) Ollie  Lewis Hight
Immediate Past President (Co-Director 8) Terry
Retzloff
       
DIRECTORS:      
Dist 1 (San Antonio/Austin) (Co-Director) Allen   Gilmer
Dist 1 (San Antonio/Austin) (Co-Director) Nancy  Lyssy Pawelek
Dist 1 (San Antonio/Austin) (Co-Director) Will   Lawes
Dist 1 (San Antonio/Austin) (Co-Director)Gaylan Pinkerton
Dist 2 (Bee, Live Oak) Edward   Sealy
Dist 2 (Bee, Live Oak) Terry   Retzloff
Dist 3 (Houston/Beaumont) Jerry  

Dittmar

Dist 4 (S TX) (Co-Director) Juan Lino  Garza, CMM
Dist 5 (DFW) (Co-Director) Glen   Jones
Dist 5 (DFW) (Co-Director) George   Wilson CMM
Dist 5 (DFW) (Co-Director) John   Triece
Dist 6 (E TX Tyler) (Co-Director) Jack   Fleet
Dist 7B (Breckenridge, Weatherford) (Co-Director) Pat  Muir Bullard
Dist 7C (Sonora - San Angelo) (Co-Director) Candice  Upton Brewer
Dist 7C (Sonora - San Angelo) (Co-Director) David   Wallace
Dist 8 (Midland/Odessa) Lorin   McDowell, III
Dist 8 (Midland/Odessa) Ollie Lewis Hight
Dist 8A (Lubbock, Snyder) Wana
 Dee Box
Dist 9 (Wichita Falls) (Co-Director) David A Fenoglio
Dist 9 (Wichita Falls) (Co-Director) Terry  Bryant Reid
Dist 10 (Pampa, Amarillo) Wally   Brewer
Dir-at-Large #1 Linn   Willers CMM
Dir-at-Large #2 Cathy Owens Akin
Dir-at-Large #3 Charles   West CMM


Also be sure to Like us on the NARO-TX facebook page and check us out on Linkedin.


 

 

 

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