Dave, Thanks so much for all the pro bono work, your kindness is overwhelming! I guess you are right it is time to put all this behind us. Regards…get some rest!
CORRECTION with respect to Mineral Classified Lands under the Texas Reliquishment Act of 1919/Amended 1931:
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Based on the history and case law surrounding the Act of 1919/Amended 1931, the lands affected are ONLY those lands sold by the State of Texas as Public School Lands (PSL) and classified as “Mineral Classified”, as there were four different classifications under which the state sold these lands originally to raise money to fund Texas’ public school system.
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All “mineral classified” PSL lands sold after 1895 and before 1932, under 1919 Act held that the State of Texas would reserve 100% of the mineral interest. It was NOT a 1/2 mineral reservation or any other legal arrangement whereby 1/2 of the minerals were conveyed/granted to the “owner of the soil” as some have previously stated.
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However, without belaboring all of the case law, the ultimate resolution was such that the 1931 Amended version of the 1919 Act held that on those “mineral classified” Public School Lands sold by the State between 1895 and 1931, the “owner of the soil” (surface owner[s]) would act as an agent for the state, and negotiate the basic terms of the lease with prospective lessees, yet mandated to use a state-promulgated Oil and Gas Lease form.
IN RETURN FOR ACTING AS AN AGENT for the state, the owner of the soil/surface owner(s) would SHARE one-half (1/2) of any bonus, rentals and royalties with the State of Texas, AND PROVIDED THAT the minimim royalty that could be negotiated was that to state being no less than 1/16th, effectively making the minimum royalty possible on a Relinquishment Act lease itself being a 1/8th royalty.
See the Texas General Land Office website and simply perform a search for “Texas Relinquishment Act”, and one can review the history, legal basis, and current process, procedures and the state-promulgated forms which must be used.
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