Your Houston Legal Advocate For Energy-Related Land Use Claims
If you are a landowner who is up against a powerful energy company, you need your own attorneys to level the playing field. At Gibson PC, we side with farmers, ranchers and landowners of all kinds in West Texas. We strive to protect your rights and your resources, even when challenged by some of the most powerful corporations in the nation.
Protecting Your Land Rights, From The Surface On Down
Our attorneys have devoted their careers to prosecuting energy companies and defending our clients in complex land use claims. Some of the energy-related claims that we handle include:
- Surface area ownership. In Texas, the mineral estate is legally dominant. This means an energy operator has an implied right to use as much of your surface land as is reasonably necessary to extract minerals, even without a surface agreement. While they must act reasonably and accommodate existing surface uses where feasible under the “accommodation doctrine,” they are not automatically required to pay for standard surface disruption unless a specific contract or statute mandates it. We guide you through this complex area of Texas law.
- Mineral rights. Mineral rights can be separated from your landowner rights, which has pros and cons for you. We evaluate your situation and explain your options in plain English.
- Fracking. Using fracking techniques to extract oil or gas can cause damage to your property. We can document the problems and help you obtain compensation.
- Operation agreements. We can review any contract an energy operator wants you to sign. Our attorneys make sure they are fair to you and hold the operator accountable.
- Water disputes. Texas law divides water into state-owned “surface water” and privately owned “groundwater.” As a landowner, you own the groundwater beneath your property. While energy operators cannot legally pollute your water supply, their liability for drawing or disrupting groundwater is highly restricted by the rule of capture unless they act negligently or waste the resource.
- Saltwater disposal. Saltwater can be a by-product of some types of oil and gas drilling which can interfere with fresh water sources on your land. Our attorneys can help you negotiate at Saltwater Disposal Agreement that addresses surface use, indemnity and assignment rights.
- Subsurface trespass. If an operator drills a lawful well on a neighbor’s property, the “rule of capture” generally means they can drain resources from under your land without liability. Subsurface trespass claims for fracturing fluid entering your property are heavily restricted under Texas law (Coastal Oil v. Garza). However, you may seek a remedy if the operator causes actual physical damage to your surface property, violates state regulatory rules or physically crosses your boundary line with a traditional wellbore. We can help you investigate your options and determine how you want to proceed.
We understand you may want to de-escalate conflicts and find a solution out of court. We understand that. Any lawyer who thinks the best solution is always to sue is missing a few gears. Sometimes, there are times when litigation is the only way to show the energy company that you mean business. We know the difference between the two.
We have made millions for our clients. Let us help you too.
Answers To Frequently Asked Energy-Related Landowner Questions
The energy operators count on landowners not understanding the law when they overstep natural resources or environmental rules, or when they initiate an eminent domain action to take property. We are here to combat that. Our attorneys have provided answers to some questions we hear frequently in our office.
What types of land use problems should I be on the lookout for if an energy operator wants to conduct operations on my property?
Our attorneys classify land use questions related to energy operations into several categories:
- Mineral rights and the legal right to extract resources from your land
- Violations of environmental laws that cause pollution or contaminate your land
- Mishandling of eminent domain requests in such a way that denies you the full value of the property you must give up or doesn’t compensate you for the value lost on the remaining property
We recommend that Western Texas Permian Basin landowners contact us if you have any concern about how you’re being treated by an energy operator.
How do I build a case against an energy operator related to a land use violation?
First, call an attorney who is experienced with helping farmers and ranchers defend their rights specifically against energy operators. They can advise you on how to document your claim. This process can include gathering video or photographic evidence, obtaining soil and water samples to test for contamination, and reviewing all legal paperwork. Your lawyer can also walk you through the process of filing a complaint and what to expect after the filing.
How can a Houston environmental attorney help me with my land use claims?
A Texas oil, gas and land rights attorney can assist you with your claims, but actions involving real property damages or mineral rights must comply with strict venue rules and be litigated in the specific West Texas county where your land is located.
If a settlement outside of court is needed, they can help you negotiate one that is fair to you. Environmental claims involving the Permian Basin must typically be filed and litigated in the West Texas counties where the land is located, and we are experienced with the courts involved.
Speak With Our Trustworthy Advocates Today
Gibson PC is the ally to protect your land ownership rights. Get in touch with us to schedule a free, no-risk initial consultation. Please call 713-766-9076 or send us an email today.