Coloma Oil and Gas Corp. v. Railroad Commission

The Railroad Commission of Texas granted to Appell Petroleum Corporation a permit to drill the No. 1-A, Emma Hud-dleston well in the Fulton Beach Gas Field-in Aransas County, Texas, as an exception-to its Rule 37. The order of the Commission recited that the permit was granted “to prevent confiscation and or to prevent physical waste.”

The only ground upon which the Commission here seeks to sustain the permit is to prevent confiscation of property. There is no problem of waste, or voluntary subdivision, and the tract in suit is not large enough to comply with the well spacing rules of the…