[Download] "Estate Marie E. Grimes v. Dorchester Gas Producing Company" by Amarillo NO. 07-84-0308-CV The Seventh Court of Appeals # eBook PDF Kindle ePub Free

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• Title: Estate Marie E. Grimes v. Dorchester Gas Producing Company
• Author : Amarillo NO. 07-84-0308-CV The Seventh Court of Appeals
• Release Date : January 01, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

John T. Boyd, Justice In a vigorous motion for rehearing, appellants attack the decision of this Court. In that attack, they raise twenty-three points of asserted error. However, the thrust of those points is related to a single proposition, that being that the consolidated area described in the 1940 agreement, because of the bisecting right-of-way strip, included non-contiguous land. Therefore, they say, that consolidated area violated the contiguous lands requirement of Railroad Commission Special Order, Oil & Gas Docket No. 108, Affixing Allowable Production of Sweet and Sour Natural Gas in the Panhandle District of Texas (Dec. 10, 1935). Bottomed on this premise, they say that the production of gas from the Bednorz No. 4 well on the consolidated unit is thus unlawful and does not constitute production which would continue the Grimes lease in force. We disagree and overrule the motion for rehearing. The power of the Railroad Commission is not derived from the constitution but comes from legislative grants of powers and jurisdiction. The Supreme Court has generally held that the Commission has only such powers as are specifically delegated to the Commission. Railroad Commission of Texas v. City of Austin, 524 S.W.2d 262, 267 (Tex. 1975); Humble Oil & Refining Co. v. Railroad Commission, 133 Tex. 330, 128 S.W.2d 9, 14-15 (1939). As relevant here, the power delegated to the Commission is to regulate production and to prevent waste. It is so well established as to have become axiomatic that the Commission has no power to determine property rights. Jones v. Killingsworth, 403 S.W.2d 325, 328 (Tex. 1965); Nale v. Carroll, 155 Tex. 555, 289 S.W.2d 743, 745 (1956); Ryan Consolidated Petroleum Corp. v. Pickens, 155 Tex. 221, 285 S.W.2d 201, 207 (1955); Magnolia Petroleum Co. v. Railroad Commission, 141 Tex. 96, 170 S.W.2d 189, 191 (Tex. 1943); Elliott v. Davis, 553 S.W.2d at 227; Whelan v. Placid Oil Company, 274 S.W.2d 125, 130 (Tex.Civ.App.--Texarkana 1954, writ ref'd n.r.e.).

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