Articles on Mineral Law

The (mine)field of mineral conveyancing By John C. Robison, Jr. Mineral Law, October 2013 A synopsis of the recent case of Department of Natural Resources v. Waide and a look at its consequences.
Comments from the editor By Craig R. Hedin Mineral Law, June 2013 An introduction to the issue from Editor Craig Hedin.
If you can’t beat ‘em, tax ‘em By J. Casy Martin Mineral Law, June 2013 This article provides an overview and highlights some of the regulatory provisions contained in the Illinois Hydraulic Fracturing Tax Act.
Comments from the editor By Craig R. Hedin Mineral Law, March 2013 Recent developments of interest to mineral law practitioners.
Comments from the editor By Craig R. Hedin Mineral Law, November 2012 Mineral Law Section Chair (and newsletter editor) Craig Hedin provides an update to various issues and legislation affecting the mineral law industry.
Section Council drafts model form Oil and Gas Lease Mineral Law, April 2012 Over the past year, the members of the Mineral Law Section Council discussed and reviewed various forms of oil and gas leases utilized in the State of Illinois. The Section Council drafted a model form, which is set forth herein.
Leasing activity in southern Illinois By Brad Richards Mineral Law, December 2011 If activity in Illinois follows a similar pattern to other basins, some drilling for the purpose of data collection can be expected to occur relatively soon—perhaps before the end of the year.
Recent oil and gas rule changes By Craig R. Hedin Mineral Law, September 2011 A summary of some of the rule changes enacted by the Illinois Department of Natural Resources, Office of Mines and Minerals, that went into effect earlier this summer.
Tax deeds void as to proceeds of oil produced prior to issuance of tax deed By Curt Lackey Mineral Law, September 2011 Oil buyers should not pay out oil proceeds generated prior to the issuance of Tax Deeds purporting to cover impounded proceeds. Those proceeds belong to the owner of the property sold for taxes up to the date of the issuance and recording of the Tax Deed. If that owner cannot be found, then those proceeds must be handled as unclaimed property and reported to and sent to the Illinois State Treasurer in accordance with the Unclaimed Property Statute.
ICG Natural Resources v. BPI Energy, 399 Ill. App. 3d 554 (5th District 2010) By Jason M. Barnhart Mineral Law, February 2011 Should royalty leases, also known as “pay if you mine leases,” remain void ab initio given today’s markets and technology? A look at ICG Natural Resources v. BPI Energy.
Interesting stats from Illinois Department of Natural Resources, Office of Mines and Minerals, Division of Oil and Gas Web site By Jason M. Barnhart Mineral Law, February 2011 Check out how Illinois' oil production is faring.
Illinois drilling permits—The decline continues By James K. Weston, Sr. Mineral Law, May 2010 Drilling permit applications seem to have stabilized at lower-than-historic levels but also have rebounded from their lowest levels.
Regulatory Directory—Illinois Division of Oil and Gas Mineral Law, May 2010 An updated directory of regulatory officials overseeing the oil and gas industry in Illinois.
Summary of reports of the Illinois Oil and Gas Association published in the January and February 2010 editions of the American Oil and Gas Reporter By James K. Weston, Sr. Mineral Law, May 2010 The Illinois Oil & Gas Association is an active organization, especially in Central and Southern Illinois—areas that produce the bulk of Illinois’ oil and gas.
Horizontal drilling said to be the answer for oil and gas in Illinois By James K. Weston, Sr. Mineral Law, March 2010 Will horizontal drilling allow for recovery of oil and gas from areas previously inaccessible?
Illinois drilling permits—The decline continues By James K. Weston, Sr. Mineral Law, March 2010 The recession continues to negatively affect the number of drilling permit applications.
Illinois drilling permits—The upward trend ends By James K. Weston, Sr. Mineral Law, October 2009 An analysis of drilling permit applications in the last few years reflects a flattening of production activity. World oil prices now range between $60 and $70 per barrel.
Legislative report By James K. Weston, Sr. Mineral Law, October 2009 The first year of the 96th General Assembly was again one of the most active periods in legislative history. It had many truly historic moments, not the least of which was the impeachment of Governor Blagojevich. The following is a brief review of the Acts passed having a bearing on mineral law and general real estate matters.
Support the ISBA Resolution for Congressional Amendment to the Natural Gas Act By Michael A. Mattingly Agricultural Law, July 2009 Over the past several years many property owners throughout the state have faced an issue where energy companies under the Natural Gas Act have received certificates of public convenience issued by the Federal Energy and Regulatory Commission to condemn property.
Illinois drilling permits—The upward trend ends By James K. Weston, Sr. Mineral Law, June 2009 An analysis of drilling permit applications in the last few years reflects a flattening of production activity.
May municipalities in Illinois regulate oil and gas well drilling and operation? By David Foreman Mineral Law, June 2009 What, if any, authority does a municipality have to regulate or prohibit the drilling or operation of an oil and gas well within its municipal limits?
Brief summary of President Obama’s budget impact on mineral producers By James K. Weston, Sr. Mineral Law, April 2009 Some of the suggestions advanced in the proposed 2010 budget sent to Congress by President Obama could have such an impact on Illinois mineral production.
Division of oil and gas directory update Mineral Law, April 2009 Those seeking to contact the Illinois Division of Oil and Gas of the Office of Mines & Minerals of the Department of Natural Resources may find the following contact information helpful.
Illinois drilling permits—The upward trend ends By James K. Weston, Sr. Mineral Law, April 2009 An analysis of drilling permit applications in the last few years reflects a flattening of production activity.
New Venue Case of Interest: Illinois v. Leavell By James K. Weston, Sr. Mineral Law, April 2009 A discussion of the recent case of The People of the State of Illinois ex. rel. Lisa Madigan, Attorney General of the State of Illinois v. Eva Lovene Leavell, d/b/a L&L Supply Company.
Illinois drilling permits—The upward trend advances By James K. Weston, Sr. Mineral Law, December 2008 An analysis of drilling permit applications in the last few years reflects a flattening of production activity.
Legislative report By James K. Weston, Sr. Mineral Law, December 2008 The second year of the 95th General Assembly was again one of the most active periods in legislative history.
Case Note: McHenry County Defenders Inc., et al, v. City of Harvard, et al, No. 2-07-0386, Filed July 2, 2008, Illinois Appellate Court, Second District By James K. Weston, Sr. Mineral Law, September 2008 Council members David M. Williams and Craig R. Hedin have referred us to the above case and suggested that it be brought to the attention of Section members. Mr. Williams also provided some comments that follow this brief case note.
Illinois drilling permits—The upward trend advances By James K. Weston, Sr. Mineral Law, September 2008 An analysis of drilling permit applications in the last few years reflects continued modest increases in production activity.
Illinois drilling permits—The upward trend advances By James K. Weston, Sr. Mineral Law, June 2008 An analysis of drilling permit applications in the last few years reflects continued modest increases in production activity.

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