Legal Presentations

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C. Michael Daily is a frequent speaker at real estate property law, oil and gas law, mineral title law, and estate planning and probate law education seminars.  For more information on contacting Mr. Daily for a speaking engagement, please contact him by email or at the Daily & Woods office.

A Comparative Review of Oil & Gas Law in Texas, Arkansas, Mississippi, and Louisiana - Co-Speaker – Ark-La-Tex Association of Professional Landmen (ALTAPL) Educational Seminar (February 2008), Shreveport, Louisiana.

Quiet Title Actions in Arkansas—A Primer - Author/Speaker – 47th Annual Arkansas Bar Association’s Natural Resources Law Institute (February 2008), Hot Springs, Arkansas.

Tax Titles:  Issues and Remedies - Speaker - Fort Smith Association of Professional Landmen (April 2008), Fort Smith, Arkansas.

Selected Mineral law Issues - Three Ways We Mess Up Mineral Titles And Two “Fixes” Which May Not Work – Co-Author/Co-Speaker – 110th Arkansas Bar Association’s Annual Meeting (June 2008), Hot Springs, Arkansas; Arkansas Bar Association’s Best of CLE (June 2008), Springdale, Arkansas.

Regulation of Energy Production – Speaker – University of Arkansas, Fort Smith, Maymester Course on Global Energy Policy (May 2009), Fort Smith, Arkansas.

Lawyering the Fayetteville Shale Play -Welcome to Our World – Co-Author/Co-Speaker – 111th Arkansas Bar Association’s Annual Meeting (June 2009), Hot Springs, Arkansas; Arkansas Bar Association’s Best of CLE (June 2009), Springdale, Arkansas.

Basic Principles in Arkansas Oil and Gas Law – Author/Speaker – Oil, Gas and Mineral Land Law, presented by Halfmoon Seminars, LLC (July 2009), Little Rock, Arkansas.

Oil & Gas Issues with Estate Planning and Probate; What Estate Planners, Probate Attorneys, and Trust Administrators Need to Know – Author/Speaker – Arkansas Bar Association Mid-Year Meeting (February 2010), Memphis, Tennessee.

Oil & Gas Law Issues, Co-Author/Speaker – University of Arkansas, Fort Smith Professional Update (May 2010), Fort Smith, Arkansas.

Fastcase Legal Research, Speaker – Arkansas Bar Association’s Best of CLE (June 2011), Springdale, Arkansas.

The ABCs of Mineral Title Opinions – Author/Speaker – 51st Annual Arkansas Bar Association’s Natural Resources Law Institute (February 2012), Hot Springs, Arkansas; Arkansas Bar Association’s Best of CLE (June 2012), Springdale, Arkansas; Little Rock, Arkansas.

Oil, Gas and Mineral Rights – Author/Speaker Arkansas Civil Engineering and Surveying Land Law, presented by Halfmoon Seminars, LLC (June 2012), North Little Rock, Arkansas.

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The Duhig Rule Explained (Mineral Reservations are Tricky)

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Because natural gas exploration has increased in Arkansas in recent years, my clients are often negotiating land transactions where they convey the surface, but retain all or a portion of their mineral interests.  One would think that it would be simple to reserve a fractional interest in minerals from the grant, but in truth, it can be tricky.  Ask any person who has drafted a title opinion --if the deed drafter is not careful, he can be tripped up by the Duhig rule. The Duhig rule is a rule of objective deed construction that has been adopted in several mineral producing states.  The rule was borne from the Texas case Duhig v. Peavey-Moore , 135 Tex. 503, 144 S.W.2d 878 (Tex. 1940).  Several other mineral producing jurisdictions have adopted the Duhig rule, either in whole, or with modifications, including Arkansas, Texas, Oklahoma, North Dakota, and Wyoming. In several jurisdictions, including Arkansas,  Duhig is employed by a judge to constru...
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