Kilpatrick Townsend

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Striking the Balance – Striking the Balance: Enforcing Surface Restrictions on Mineral Estate in Mississippi Following Petro Harvester v. Keith

Landman Magazine

July 31, 2021

A recent decision by the 5th U.S. Circuit Court of Appeals highlights the continued tensions between surface estates and mineral estates in oil and gas producing areas. The decision reiterates the dominance of the mineral estate but provides a glimpse into a developing area of conflict and considerations for analyzing potential contractual surface restrictions placed on the mineral estate.