Kilmer v. Elexco Land Services, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that states adopting the marketable product rule “have done so as a matter of common law in interpreting ambiguities in leases, not through statutory interpretation of a preexisting statute.”
• recognizing that while prices further downstream may be higher, costs increase as well and those post-production costs must be netted out in order to determine sale price at wellhead to ensure proper evaluation of gas value and determination
• explaining that transformation of raw (sour) gas into marketable natural gas (sweet gas) increases price/value of gas
• explaining that if a royalty is ‘free of’ certain costs, those costs are not deducted
• recognizing states adopting marketable product rule “have done so as a matter of common law in interpreting ambiguities in leases, not through statutory interpretation of a preexisting statute.”
• recognizing states adopting marketable product rule “have done so as a matter of common law in interpreting ambiguities in leases, not through statutory interpretation of a preexisting statute.”

Source: CourtListener parenthetical corpus (CC0).