IOGA leads opposition to proposed amendment to Drilling Operations ActMineral Law, June 2003Senator Larry Woolard, (D) Carterville, has sponsored legislation that would amend the Drilling Operations Act to allow surface owners who own no minerals to seek compensation for "diminution in value" of their property.
Federal legislationMineral Law, May 2003Washington--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.
The oil and gas lease*By Ivan A. Elliott, Jr.Mineral Law, May 2003Let'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).
Rules not right for most oil and gas*By Bill CampellMineral Law, May 2003Technical 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*Mineral Law, May 2003ENID, 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. ZeiglerMineral Law, March 2003I.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 codificationRacial and Ethnic Minorities and the Law, January 2003Portions 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 estateBy John C. Robison, Jr.Mineral Law, November 2002The 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. WestonMineral Law, November 2002In 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 2002Over 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 2002The 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 noteBy Christopher L. WeberMineral Law, June 2002Submission of articles to this newsletter is welcomed and encouraged.
Denial of appeal moves SDO forwardMineral Law, March 2002Save 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 competitionBy David SweetMineral Law, March 2002For most of the last decade, the independent natural gas producer has not been adequately rewarded for producing a superior product more proficiently.
Editor’s notesBy Christopher L. WeberMineral Law, November 2001On 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.
Daniels announces program to revitalize Southern Illinois coal industryBy Greg DurhamMineral Law, August 2001PICKNEYVILLE, 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 chairMineral Law, August 2001During the past several years, I have come across an increasing number of conveyances containing the words "excepting the minerals" or like language.
Appellate court rules pending litigation no excuse for non-production under oil and gas leaseBy John E. RhineMineral Law, February 2001In 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.
Unitization order by Department of Mines and Minerals is res judicata as to issues of titleBy George C. LackeyMineral Law, February 2001The 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 wellsBy Joy StevensMineral Law, November 2000The 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.
