Lege v. Lea Exploration Co., Inc.

631 So. 2d 716, 93 La.App. 3 Cir. 605, 1994 La. App. LEXIS 236, 1994 WL 30379
CourtLouisiana Court of Appeal
DecidedFebruary 2, 1994
Docket93-605
StatusPublished
Cited by6 cases

This text of 631 So. 2d 716 (Lege v. Lea Exploration Co., Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lege v. Lea Exploration Co., Inc., 631 So. 2d 716, 93 La.App. 3 Cir. 605, 1994 La. App. LEXIS 236, 1994 WL 30379 (La. Ct. App. 1994).

Opinion

631 So.2d 716 (1994)

Albert C. LEGE, et al., Plaintiffs-Appellants,
v.
LEA EXPLORATION COMPANY, INC., Defendant-Appellee.

No. 93-605.

Court of Appeal of Louisiana, Third Circuit.

February 2, 1994.

Allan Leland Durand, Lafayette, for Albert Lege, et al. *717 Patrick S. Ottinger, Lafayette, for Lea Exploration Co., Inc.

Before LABORDE, THIBODEAUX and DECUIR, JJ.

LABORDE, Judge.

In this oil and gas dispute, plaintiff-landowners seek to have a mineral lease declared dissolved beyond the period of its production in paying quantities so that it may recover subsequent profits and custody of the property. Finding no error in the trial judge's application of the law under the circumstances, we affirm.

FACTS

This dispute arises from a mineral lease granted in 1975 and extended in 1979. For the lease to exist beyond its primary term, both the lease and the Mineral Code required that the well "produce in paying quantities." The heart of the dispute calls into question the legal classification of certain expenditures by the lessee. Allocation of these expenditures to the category of "operating expenses," which are deductible from a producing properties gross revenues, could result in our finding that the well did not consistently "produce in paying quantities" and a forfeiture of the lease at some point during the years 1981 through 1984; their classification as "repair and remedial" or "equipment" capital costs, on the other hand, would lead us to affirm the lower court's conclusion that the well never ceased to "produce in paying quantities."

The trial judge, after studying the legal authority and all of the evidence, including the well's financial records and conflicting evidence, chose the latter approach, giving rise to the instant appeal, which is marked by excellent briefs filed by each party.

The substantive law applicable to this matter is LSA-R.S. 31:124, whose Comment concludes as follows:

The manner in which the test for production in paying quantities is stated in Article 124 is articulated well in the decision of the Texas Supreme Court in Clifton v. Koontz, [160 Tex. 82], 325 S.W.2d 684, 691 (1959):
"... [T]he standard by which paying quantities is determined is whether or not under all the relevant circumstances a reasonably prudent operator would, for the purpose of making a profit and not merely for speculation, continue to operate a well in the manner in which the well in question was operated.
"In determining paying quantities, in accordance with the above standard, the trial court necessarily must take into consideration all matters which would influence a reasonable and prudent operator. Some of the factors are: The depletion of the reservoir and the price for which the lessee is able to sell his produce, the relative profitableness of other wells in the area, the operating and marketing costs of the lease, his net profit, the lease provisions, a reasonable period of time under the circumstances, and whether or not the lessee is holding the lease merely for speculative purposes.
"The term `paying quantities' involves not only the amount of production, but also the ability to market the product.... Whether there is a reasonable basis for the expectation of profitable returns from the well is the test. If the quantity be sufficient to warrant use of the [product]... in the market, and the income therefrom is in excess of the actual marketing cost, and operating costs, the production satisfies the term `in paying quantities.'"
The test set forth in the Koontz decision is essentially a statement of the manner in which the combined test set out in the Louisiana jurisprudence has functioned and appears preferable to any mechanical test of requiring that as to the working interest there must be only meeting of current operating costs with a "small" but undefined profit left over and that as to the lessor's royalties, there must be "serious" or "adequate" consideration when compared with bonuses, rentals, or other sums paid to the lessor. The courts will be entitled to consider all of the same evidentiary factors which have been of influence previously, but the manner of statement of *718 the legal principle applied will more nearly reflect the true decisional process.

On review, the principal disputed item of expenditure (among several) is a saltwater disposal system, which cost $11,574 in 1981. Plaintiff argues that had this expense not been incurred, the saltwater would have been "lifted" and transported by trucks on a regular basis; since lifting and trucking are undisputed "operating expenses," by analogy, so should be the expenditures which replace them.

This view was rejected by the trial judge, whose Reasons we quote at length:

This matter came on for trial on the merits on November 26, 1991, on plaintiffs' demand for cancellation of an oil and gas lease on the grounds of lessees' failure to obtain production in paying quantities, or alternatively, their failure to timely commence reworking operations. Plaintiffs attempted to establish, primarily through expert testimony, that the financial records pertaining to the well in question, namely, Lege # 2, show that, for the years 1980 through 1984, expenses exceeded income, thus showing a lack of production in paying quantities. All of the financial records pertaining to the well were introduced into evidence and the same records were used by experts for the plaintiffs and the defendants. Plaintiffs' claim, as distinguished from defendants, is premised on their contention that virtually all out-of-pocket expenses for the production of oil constitute operating expenses. While this contention appeals to common sense, it is not supported by applicable law and generally accepted accounting principles in the oil and gas industry for determining production in paying quantities.

The court's appreciation of the development of the law pertaining to production in paying quantities is that the principle was established to prevent a lessee from holding a lease and continuing their operations thereon merely for speculative purposes. The law requires a showing on the part of the lessee that, at all times, there was a reasonable expectation, by continuing production, of securing a return on the investment or minimizing any loss. LSA-R.S. 31:124, and jurisprudential interpretations of same. The methodology for determining, in part, whether there is production in paying quantities involves determining whether lease operating expenses exceed the production revenue attributable to the lessees original right.

Plaintiffs contend that, in the case at hand, expenses exceeded revenue. They attempted to support their contention through expert testimony that certain expenses should properly be categorized as lease operating expenses rather than other expenses such as re-working costs, repairs to capital items, depreciation, and, in general, categories which would not, according to defendants' experts, be considered as lease operating expenses. Plaintiffs' experts couched their testimony in terms of whether or not a certain expense was necessary to continue and maintain production of oil. All expenses that were considered by the experts as being necessary to continue and maintain production were categorized under lease operating expenses. To further bolster their position, plaintiffs' experts offered opinions that these same expenses did not increase the reserves.

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Bluebook (online)
631 So. 2d 716, 93 La.App. 3 Cir. 605, 1994 La. App. LEXIS 236, 1994 WL 30379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lege-v-lea-exploration-co-inc-lactapp-1994.