Category: Legal Analysis
-
The Medical Marijuana Amendment of 2016; How Will You Vote on Arkansas Issue 6?
Although, it is common knowledge that there will be a hotly contested presidential race on Tuesday, November 8, 2016, most voters are not fully aware of the serious issues that affect them locally, here in Arkansas. Between now and election day, I’ll brief some of the major, and potentially controversial issues. For example, today I’ll…
-
Daily & Woods, PLLC: Arkansas Pipeline Eminent Domain Lawyers
You receive a telephone call from a pipeline production company and the representative on the phone informs you that they want to bury a pipeline across land that will carry crude oil from one state, say Western Tennessee, across Arkansas, and then into Oklahoma. As an Arkansas landowner, what should you do? Nothing is more…
-
Arkansas Business Owners: Franchise Taxes are Due May 2, 2016
In Arkansas, for-profit corporations must pay a franchise tax to keep its corporate charter. Essentially, a franchise tax is a “privilege tax” imposed on corporations and other business entities, including limited liability companies and other non-exempt companies, that transact business in Arkansas. Ark. Code Ann. 26-54-101, et seq. An example of a non-exempt company would be a non-profit…
-
If Prince Owned Arkansas Mineral Rights, Who Would Inherit?
Prince passed away last Thursday, and while I personally have not finished mourning, the media has moved on from his passing and now is speculating about the inheritance of his property. I imagine that the talk will only increase since it was recently asserted in court filings that he died without a will or other…
-
Make Plans to Attend the 55th Annual Natural Resources Law Institute in Hot Springs, Arkansas
I could not be more proud of the work our committee has accomplished in planning the 2016 Natural Resources Law Institute, which once again will be held in Hot Springs, Arkansas at the Embassy Suites hotel, and the Hot Springs Convention Center. The Marketable Title Standards committee meeting and Natural Resource Law Section meeting will…
-
Ohio Supreme Court Interprets Dormant Mineral Act
In Chesapeake Exploration, LLC v. Buell, The Ohio Supreme Court recently answered a certified question from the United States District Court for the Southern District of Ohio, Eastern District that involved interpretation of the Ohio Dormant Mineral Act, codified as Ohio law R. C. 5301.56. Chesapeake Exploration, LLC and several other parties claimed title to…
-
Arkansas Supreme Court Rules that Mineral Integration Process is Constitutional
Oil and gas operators attempt to secure the right to drill for minerals by obtaining leases from mineral owners. Not all owners affirmatively agree to lease, either because they disagree with drilling near their property, or because they want better terms. If lease negotiations are frustrated, an oil and gas operator in Arkansas can seek…
-
Starting a Small Business in Fayetteville, Arkansas
The City of Fayetteville, Arkansas is very small business friendly, even being named as one of the best cities to state a small business by CNN. To assist aspiring business owners, Fayetteville’s city government has published a guide for navigating through zoning and building codes, state and local taxes, insurance, and other matters. If you…
-
Arkansas Mineral Interpleader Lawsuits Explained
Have you ever been named as a defendant in a mineral royalty interpleader lawsuit? Ever heard of such a thing? In Arkansas, and especially in those counties in the Fayetteville Shale, oil, gas, and mineral royalty interpleader lawsuits are actually quite common. Interpleaders are usually initiated by an operator when there is a title ownership…
-
Ohio Court Rules that Local Ordinance Cannot Prevent Hydraulic Fracturing
An Ohio state law was passed in 2004 that gave the State of Ohio sole and exclusive authority to regulate the location of oil and gas wells in the state. Competing with this state law was a municipal ordinance that attempted to block drilling activities within Akron Ohio. All this came to a head when…