Well, I did some more research on the Pugh Clause. I eventually got around to reading the opinion in the Hunter v Shell Oil case from which it sprang. Not surprisingly, I had it all wrong. But I did enjoy a trip through Louisiana O&G law, learning all about servitudes and prescriptions and voodoo arts (just kidding about that). I recommend to those who might be interested that they read the opinion, it is available online through Duck duck.go or Google.
And for more bedtime reading, here is another follow up on the OK reading their law. Scrutinizing the Scope of Oklahoma’s Statutory Pugh Clause [Stephens Production Co. v. Tripco, Inc., 389 P.3d 365 (Okla. Civ. App. 2016)] by Ethan D. Thompson, 57 Washburn Law Journal Online 8 (2018)
And if you really can’t sleep, try this one. Every state has its own definition…
Fascinating. Louisiana seems to breed these contests. Some of the case law I have dug up says that Louisiana does/did not recognize a mineral estate per se. Anyone know if this is still the case. Just interested, no big reason. JimB At my age almost anything is fascinating.
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