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No. A-11508. Supreme Court of Texas. March 22, 1967.
A state Free Royalty interest is similar to a non-participating royalty interest. An oil, gas, or other mineral lease on land in which the state reserves a mineral or royalty interest is not effective until a certified copy of the recorded lease is filed in the General Land Office.
Previous to the act, these materials were subject to mining claims under the General Mining Act of 1872....Mineral Leasing Act of 1920. Enacted bythe 66th United States CongressEffectiveFebruary 25, 1920CitationsPublic lawPub.L. 66146Statutes at Large41 Stat. 4379 more rows
In 1919 the Legislature passed what has become known as the Relinquishment Act of 1919. It purported to relinquish to the owners of the land, the State's oil and gas rights in the land, retaining a 1/16th royalty interest for the State.
The Mineral Leasing Act of 1920 (MLA) regulates the leasing of public lands for the development of several mineral resources, including coal, oil, natural gas, other hydrocarbons, and other minerals.
A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.
A state Free Royalty interest is similar to a non-participating royalty interest. An oil, gas, or other mineral lease on land in which the state reserves a mineral or royalty interest is not effective until a certified copy of the recorded lease is filed in the General Land Office.
HISTORY. Enacted in 1919, the Relinquishment Act, as interpreted by the Courts, reserves all minerals to the State in those lands sold with a mineral classification between September 1, 1895 and June 29, 1931.
Any land on which the state retained the minerals after 1876 was called mineral classified land. Most of this land is located in the Trans-Pecos Region. As interest in development of oil and gas grew, the state began leasing more and more of the retained mineral acreage (mineral classified land) to oil companies.
Simply stated, a retained acreage clause is a clause in an oil and gas lease that sets out how much acreage a lessee may retain for each well it drills on the leased premises after the balance of the lease automatically terminates.