Rule 37 Exceptions and Small Mineral Tracts in Urban Areas: An Argument for Incorporating Compulsory Pooling Into Special Field Rules in Texas
Brehrens, Brady Paul
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Explores the interplay between Rule 37 exceptions and Texas's existing compulsory pooling statute and demonstrates the need for some form of compulsory pooling in urban oil and gas fields. Part II provides historical context and an overview of some of the relevant oil and gas law concepts implicated by the presence of unleased, small-tract mineral owners on urban oil and gas development. Part III extends the Larry Landowner hypothetical, framing the issues using the concepts discussed in Part II. Part IV evaluates three different forms of compulsory pooling provisions that could potentially provide better protection for unleased mineral owners and afford urban producers greater flexibility in urban development. Finally, Part V encourages the RRC to incorporate broad compulsory pooling provisions into special field rules in Texas because doing so strikes a balance between drastically altering traditional statewide policy and continuing to operate under the existing compulsory statute that was drafted to serve a different purpose.