TEXAS OIL AND GAS PATTERN JURY CHARGES QUESTIONS AND INSTRUCTIONS. Presented By: RICARDO E. MORALES

Transcription

1 TEXAS OIL AND GAS PATTERN JURY CHARGES QUESTIONS AND INSTRUCTIONS ( DRAFT SUBJECT TO REVISION) Presented By: RICARDO E. MORALES Prepared By: THE COMMITTEE ON TEXAS OIL AND GAS PATTERN JURY CHARGES OF THE OIL, GAS & ENERGY RESOURCES LAW SECTION OF THE STATE BAR OF TEXAS State Bar of Texas 31 TH ANNUAL ADVANCED OIL, GAS AND ENERGY RESOURCES LAW COURSE October 3-4, 2013 Houston CHAPTER 4

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3 Texas Oil and Gas Pattern Jury Charges Questions and Instructions Chapter 4 Table of Contents 1. INTRODUCTION a. Purpose of Publication b. Scope of Pattern Charges c. Use of Accepted Precedents... 1 l.d. Principles of Style e. Using the Pattern Charges f. Future Revisions g. Other Sources ADVERSE POSSESSION a. Comment on Adverse Possession b. Adverse Possession Question - Three-Year Limitation Period c. Adverse Possession Question - Five-Year Limitation Period d. Adverse Possession Question Ten-Year Limitation Period e. Adverse Possession Question Twenty-Five Year Limitation Period f. Adverse Possession Question Twenty-Five Year Limitation Period INJURIES TO REAL PROPERTY a. Nuisance Question b. Reasonable Use of Surface Question c. Accommodation Doctrine Question d. Trespass Question e. Good Faith Trespass Question f. Comment on Damages to Real Property g. Permanent/Temporary Damage Question h. Permanent Damage Question i. Temporary Damage Question j. Other Damages Question ISSUES ARISING BETWEEN LESSOR AND LESSEE UNDER AN OIL AND GAS LEASE 17 4.a. Comment on Claims for Breach of Lease Provisions b.1. Question and Instruction on Bad Faith Pooling... 18

4 Texas Oil and Gas Pattern Jury Charges Questions and Instructions Chapter 4 4.b.2. Jury Issues on Damages in Bad Faith Pooling Cases c.1. Breach of Express Royalty Provision Question c.2. Breach of Express Royalty Provision Damage Question c.3. Duty to Reasonably Market Production Question Proceeds/Amount Realized Leases c.4. Duty to Reasonably Market Production Damage Question c.5. Breach of the Duty to Pay Royalty on Market Value Question c.6. Breach of the Duty to Pay Royalty on Market Value Damage Question c.7. Question on Location of Sale c.8. Unreasonable Deduction Question c.9. Unreasonable Deductions Damage Question c.10. Untimely Payment of Royalty Question d.1. Comment on Implied Covenants d.2. Breach of the Implied Covenant to Protect the Lease from Drainage Existence of Substantial Drainage Question d.3. Failure to Protect Against Drainage Question d.4. Drainage Damage Question d.5. Failure to Develop Question d.6. Failure to Develop Damage Question e.1. Comment on Lease Termination e.2. Lease Termination Question e.3. Failure to Commence Operations Before End of Primary Term e.4. Lease Termination Question Commence Operations After the Primary Term e.5. Lease Termination Question Dry Hole Clause e.6. Lease Termination Question Drilling or Reworking Operations That Extend the Lease Beyond the Primary Term e.7. Failure to Tender Shut-In Questions e.8. Question Determining Whether the Well Qualifies As a Shut-In Well e.8. Cessation of Production in Paying Quantities Question e.9. Cessation of Production Question e.10. Temporary Cessation of Production Question e.11. Repudiation of Title to Lease Question ISSUES ARISING BETWEEN OPERATORS AND NON-OPERATORS UNDER OPERATING AGREEMENTS (REVISION IN PROCESS) a. Comment on Breach of Operating Agreement... 39

5 Texas Oil and Gas Pattern Jury Charges Questions and Instructions Chapter 4 5.b. Breach of Joint Operating Agreement Question c. Breach by Operator Under Typical JOA exculpatory limitation d. Breach of Joint Operating Agreement Damage Question e. Instructions on Payment Not Constituting Waiver OTHER WORKING INTEREST OWNER DISPUTES a. Breach of a Farmout Agreement Question b.1. Comment on Preferential Right to Purchase b.2. Breach of a Preferential Right to Purchase Agreement Question b.3. Preferential Right to Purchase Damage Question c.1. Breach of Area of Mutual Interest Agreement Question c.2. Damages for Breach of Area of Mutual Interest Agreement Question MISCELLANEOUS ISSUES a. Conversion Question b. Conversion Damages Question c. Revivor Question d. Comment on Breach of the Executive Rights Duty e Breach of the Executive Rights Duty Question f. Executive Rights Damage Questions... 43

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