Showing posts from October, 2012

Caveat Emptor Will not Apply if your House is Haunted as a Matter of Law

It is the end of October, which means we are so close to my third favorite holiday of the year:  Halloween.  As a kid, I always enjoyed the novelty of the day: dressing up as your favorite super hero or villain, ringing doorbells and plundering as much candy as one could dream of consuming.  “ARGGG...he who has the most cavities wins” (in your best pirate voice).  At Daily & Woods , there is candy located at the front desk year round.  Feel free to come trick or treat anytime this week. Halloween also reminds me of a famous property law case that demonstrates a split from the general rule of caveat emptor.   Arkansas real estate and property lawyers are surely familiar with the general rule of  caveat emptor , which is often applied so long as both parties were in an equal bargaining position and had access to the same information about the property.  In other words, "let the buyer beware" of all of the defects of the seller's house.  Most courts, including Arkansas

10th Circuit Court of Appeals Rules Against Surface Owner in Trespass Case; Awards Attorneys Fees to Defendant

Yesterday, the 10th Circuit Court of Appeals affirmed a district's court's decision denying Plaintiffs' complaint for trespass caused by Defendant's seismic exploration in Kimzey v. Flamingo , 2012 U.S. App. Lexis 21360.  In Kimzey , the P laintiffs owned surface only interests in Roger Mills County, Oklahoma. The Defendant, Flamingo, was an  exploration company that was hired to engage in geophysical services.   Plaintiffs alleged that Flamingo had no right to access the surface.  Flamingo asserted that it had a right to access the surface estate by and through oil and gas leases and assignments it had received from the owners of the mineral estate and owners of the leasehold rights.   The district court and the 10th Circuit Court of Appeals agreed with Flamingo and denied Plaintiffs' claim for trespass.   In Oklahoma, as well as elsewhere, owners of the mineral estate have an implied right of access to the surface estate.   The mineral estate owners can also a

OG&E Offers Free Home Weatherization Program

This morning, a contractor hired by OG&E visited my humble abode to perform an energy efficiency audit. The audit is part of a weatherization program sponsored by OG&E, and was offered at no cost.  That's right--free! The contractor tested my home for air leaks, checked my attic for sufficient insulation, tested my furnace and A/C unit, etc.  To detect air leaks, he created a vacuum in the house using a fan and some kind of monitor that he attached to the front door.  For a minute, I thought I was in E.T.  No aliens were detected, however, he did find some duct and baseboard air leaks.  They offered to caulk around the baseboards at no charge. If you own your house and OG&E is your electric company, you may qualify for the same service.  This link has more information, as well as the contact information.

Compressed Natural Gas as a Viable Option. It's Coming.

In early March of this year, General Electric and Chesapeake, through its affiliate Peake Fuel Solutions, partnered to develop the necessary infrastructure for delivering Compressed Natural Gas (CNG) to the end user.  Yesterday, the companies debuted their "CNG in a Box" system, which allows convenience store retailers that are situated near major pipelines to directly plug in and expand their fuel offerings to consumers. The announcement certainly improves the outlook for CNG as a viable transportation fuel option for consumers.  Not only is natural gas a cleaner and more affordable fuel source, but it is in abundant domestic supply. Honda is presently offering consumers an  ince ntive  to purchase its new Natural Gas Civic by including a $3000.00 natural gas prepaid card with the vehicle. Although Honda's promotion may get the attention of some green minded drivers, the initial impact will be made by some of the country's largest fuel consumers--government and c

Crude Oil Prices Rise on Supply Concerns

The price of crude oil rose sharply today due to reports of concerns with lower supply. The supply decrease is apparently due to lesser production in North Africa and rising tensions between Syria and Turkey.  More information on

Oil & Grease in the News

Be Kind to the Average Joe or Joyce. He or she could be a North Dakota Bakken oil tycoon.  Here is a link to a Yahoo News article with some interesting statistics on the oil boom experienced in North Dakota's Bakken Shale and how it has shaped the local economy.  I'm sure there are stories like this from other rural areas of the country where oil is being produced. Clean Oil Opportunities in the Bakken Shale.  Profit opportunities in the Bakken come at all levels, and this one comes in the name of good hygiene.   One young entrepreneur and his family convert a trailer into a shower house for the good of Williston, North Dakota's oil field workers.