Associate Garrett S. Martin will speak at the Houston Association of Professional Landmen’s 51st Annual Technical Workshop on September 22, 2020. He will deliver a presentation titled “Lessor, May I? – Ramifications of Consent-to-Assign Provisions.”
In June 2018, the Supreme Court of Texas issued its opinion in Barrow-Shaver Res. Co. v. Carrizo Oil & Gas Inc., effectively refusing to read a reasonableness qualification into a consent-to-assign provision and instead holding that consent could be withheld, even arbitrarily. Consent-to-assign provisions like the one at issue in Barrow-Shaver are common in the energy industry in everything from oil and gas leases, to joint operating agreements, and other asset agreements. This presentation will begin with the basics of consent-to-assign provisions, including types, the oil-and-gas industry contracts in which they are found, and their historic treatment. It next analyzes the circumstances of and reasoning behind the Barrow-Shaver opinion before taking a look at how other primary hydrocarbon producing states address consent-to-assign provisions. Finally, the presentation will consider how industry participants can practically approach consent-to-assign provisions going forward.
Learn more about the Houston Association of Professional Landmen’s 51st Annual Technical Workshop.
