TDC Engineering, Inc. v. Dunlap

DICKENSON, Justice.

The landowner, Gene Dunlap, 1 sued the operator of an oil and gas lease, TDC Engineering, Inc., 2 for “an unnecessary use” of the surface estate (injecting salt water in an unproductive oil well on land owned by Dunlap). Following a trial by jury, judgment was rendered that Dunlap recover $57,150 for diminution of the market value of his 1143.5-acre tract of land; $12,000 for occupancy of the 40-acre tract upon which the salt water injection well was located; and $60,000 as exemplary damages. TDC Engineering, Inc. appeals. We reverse and render.

The verdict of the jury can…