Alabama Department of Conservation & Natural Resources v. Exxon Mobil Corp.

I respectfully dissent from Part I of the opinion, interpreting § 9 — 17—33(d), Ala. Code 1975. That Code section states:

“Any first purchaser of production or operator and/or owner of the right to drill substituted for the first commercial purchaser as provided herein, that violates this section shall be liable to the persons legally entitled to the proceeds from production for the unpaid amount of the proceeds plus interest at the rate of 12 percent per annum, the interest *204accruing from the date at which the proceeds were due as specified herein.”

Even though the majority acknowledges that §…