Plainsman Trading Company, Petitioners v. Thomas W. Crews, Sr. and Dorothy Crews, Respondents

Summary

The Texas Supreme Court affirmed the appellate court, holding that the surface destruction test applies to a non‑participating royalty interest created before June 8, 1983, so the uranium belongs to the surface owners and the royalty interest does not attach; the court also found no reversible error in the trial court's jury instructions. Justice Gammage dissented, arguing the test should not apply to such royalties.