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ARTICLE · 14 OCTOBER 2011

Inaction No Longer A Shield From Liability For Executive Right Holders?

Dentons
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The discovery and exploration of the Barnett Shale and other shale plays in Texas have created new concerns for residential property developers.

United StatesEnergy and Natural Resources
Barry Cannaday
Barry Cannaday
Josh Marion
Josh Marion
H. Martin Gibson
H. Martin Gibson
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The discovery and exploration of the Barnett Shale and other shale plays in Texas have created new concerns for residential property developers. Often, the surface of a particularly valuable portion of a shale play is covered in residential subdivisions. This inevitably creates a conflict between the competing interests of developing the minerals within the shale and the desire of homeowners to enjoy the peace and quiet of their neighborhoods. Over time, residential property developers have created various solutions to address these opposing goals. This is exactly the type of situation that led to the issues discussed before the Supreme Court of Texas in Lesley, et al. v. Veterans Land Board of the State of Texas, et al.1

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