Enron Oil & Gas Co. v. Worth

MEMORANDUM OPINION

GOODMAN, Presiding Judge.

This is an appeal from an order denying the plaintiffs quest for an injunction to prevent surface owners from interfering with seismic exploration for minerals. The issue is whether the owner of an unleased, undivided mineral interest may authorize a third party to enter onto the surface of land owned by another to conduct seismic operations. Based upon our review of the record on appeal and applicable law, we reverse and remand with directions.

I

Defendant Virgil Worth and his mother, defendant Frieda M. Webb, own the surface of six quarter sections…