Roye Realty & Developing, Inc. v. Southern Seismic

REIF, Presiding Judge.

Charles Roye appeals the denial of in-junctive relief to prohibit TXO from conducting seismic tests on Roye’s oil and gas leases. He charges that those tests constituted geophysical trespass upon the mineral interest. He further contends that his leases expressly granted him the right to explore for oil and gas. Roye urges this is an exclusive right and that the geological condition of the mineral estate is protected from being discovered and hence “taken” by the intrusion of another.

Roye testified in his own behalf, sponsoring his leases as exhibits. He expressed his…