Texas Relinquishment Act – Benefits of Postleasing Transaction Are Not Apportionable Between the State and the Surface Owner: Scott v. Exxon Corp., 31 Tex. Sup. Ct. J. 565 (July 6, 1988)

The importance of Scott is that, for the first time, the court deals directly with apportionment of benefits resulting entirely from postleasing transactions unrelated to granting the lease. The court emphasizes the moment of leasing and declares that benefits resulting from a party’s exercise of its independent property rights during the pendency of a valid lease are not apportionable.