Browsing by Author "Davis, Richard D., Jr."
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Item Abandonment of the Surface Destruction Test in Determining Ownership of Unnamed Minerals(Texas Tech Law Review, 1984) Davis, Richard D., Jr.In Moser v. United States Steel Corp., the Texas Supreme Court abandoned the surface destruction test for determining the inclusion on unnamed minerals in the severed mineral estate. The Court instead adopted the “ordinary and natural meaning test” and found that uranium was a mineral within the ordinary and natural meaning of the word. Thus, a severance of a mineral interest that included “oil, gas, and other minerals” would include uranium.Item Introduction to the Texas Property Code(Texas Tech Law Review, 1984) Davis, Richard D., Jr.Introduces the reader to the new Texas Property Code. It is not a critical analysis of the codification. Rather, it is intended to acquaint the reader with the format and organization of the codified sections and to explain some of the reasons why prior articles, sections, and statutory words and phrases were revised or deleted altogether. The information contained in this comment was obtained almost exclusively from the Texas Legislative Council's Revisor's Report on the Code which was presented to each legislative member prior to the Code's enactment. Although it is beyond the scope of this comment to discuss each new section, this author has selected particular Code sections in an attempt to notify the reader of any upcoming changes in the Code due to subsequent legislative amendments and any areas of potential concern to the practitioner. To assist the reader, a table of the former statutes and an indication of where they now appear in the Code follows this comment. The table also indicates by asterisk which articles are discussed by the author.