Plainsman Trading Co. v. Crews

in which PHILLIPS, C.J., and GONZALEZ, HECHT, CORNYN, ENOCH, SPECTOR, and OWEN, JJ., join.

In this declaratory judgment action, we must decide whether the surface destruction test applies to a non-participating royalty interest created prior to June 8, 1983. Because a non-participating royalty is an interest in property which is carved only from the mineral estate, and because the disputed uranium in this case belongs to the surface owner by application of the surface destruction test,1 we affirm the judgment of the court of appeals.

The Richardson Heirs are successors in interest to a…