OWNERSHIP OF MINERAL RIGHTS WITHIN TEXAS RIGHT-OF-WAYS

stacey d. lyle, Texas A & M University - Corpus Christi

Abstract

Hard shale oil and gas exploration has increased in Texas most recently. These pools of oil and gas in hard shale must be extracted using a hydrologic fracturing technique. Some of these pools are under the State of Texas Highway Right-of-Ways. Ownership of mineral rights is typically determined by the surface owners, but mineral rights can be severed from the surface owner. Exploration companies are required to pay out revenues to the owners of the minerals, so they research the chain of title of properties to determine who the mineral rights owners are. This paper will discuss the concepts of hard shale oil and gas exploration in Texas, mineral rights ownership, highway right-of-way mineral rights ownership, current and past process of land acquisition and the rights in the minerals, and the method of acquisition of minerals from Texas Highway Right-of-Ways. A conclusion will be drawn that discusses how land surveyors determine land ownership for mineral rights in hard shale exploration.