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United States oil and gasmineral rightslease interpretation

Petro Harvester Operating Co. v. Keith

954 F.3d 686 (5th Cir. 2020)
JurisdictionUnited States
CourtUnited States Court of Appeals, Fifth Circuit
Year2020
StatusBinding authority

Key Principle

A later surface lease does not supersede the implied surface easement of a prior-severed mineral estate, and a duty to restore the surface arises only where express language imposes it; affirmative defenses such as waiver, ratification and estoppel fail absent supporting facts.

Area of Law

General

Related Cases

Klein v. Martin 607 U. S. 213 (2026)
Ellingburg v. United States 607 U.S. ___ (2026)
Inc. v. Palmquist 607 U.S. 421 (2026)

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