Smith & Marrs, Inc. v. Osborn

OPINION

WECHSLER, Judge.

{1} In this appeal, we consider the right of surface owners Defendants Clay and Jeri Osborn to equitable compensation resulting from oil, gas, and mineral lessee Plaintiff Smith and Marrs, Inc.’s state-mandated obligation to drill and oversee monitoring wells on Defendants’ land. We conclude that (1) the leases at issue do not include express language that permits Plaintiff to drill and oversee monitoring wells without consequence, (2) the implied easements by necessity included in the leases at issue do not create any right that permits Plaintiff to drill and oversee…