Abstract

2019 provided no shortage of excitement, as there were more oil and gas opinions issued by the Kansas Supreme Court than in a usual year. These cases will be the main focus of this Survey, as there are no major legislative developments to report for this year. The first case decided whether the common-law rule against perpetuities should be applied to exceptions of defeasible term mineral interests. The second case is “yet another round in [a] high-dollar subsurface prize fight” about who has the right to gas that has escaped from an under- ground natural gas storage facility. The third case analyzes whether the misappropriation of royalty payments gives rise to a claim of adverse possession. Additionally, the Kansas Court of Appeals released an oil and gas opinion, which will be briefly discussed.

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