Aimee concentrates her practice in the areas of oil and gas law (exclusively representing land owners and mineral owners in connection with testing agreements, surface agreements, oil and gas leases and pipeline or access easements), commercial real estate and water law. “One of the things I am passionate about”, Aimee says, “is assisting mineral and surface owners to make informed decisions about the future of their land and mineral assets, and in being good stewards of their land, both for themselves and for their heirs”. Aimee was born in Lincoln, Nebraska. The oldest of nine children, she was raised in Omaha, Nebraska, Chicago, Illinois and Detroit, Michigan. She graduated from Marian High School in Birmingham, Michigan, with honors. She graduated summa cum laude from Southern Methodist University with a B.A. in Economics. She spent a year in graduate studies in economics at SMU, and then attended Southern Methodist University Law School. While in law school, she was a law clerk for the Texas Attorney General’s Office and wrote for the Southwestern Law Journal. After graduation from law school in 1977, Aimee joined a large Dallas law firm and became a partner in 1978. In 1981, she began her own firm, Law Offices of Aimee Hess P.C. She is currently admitted to practice before the Texas Supreme Court, the U.S. Fifth Circuit Court of Appeals, U.S. District Courts in the Northern, Eastern and Western Districts and U.S. Bankruptcy Courts in the Northern, Eastern and Western Districts. She is a member of the Oil and Gas Law, Construction Law, Real Estate Law and Animal Law Sections of the Texas Bar. Aimee and her husband Carl, a petroleum engineer, enjoy sailing, hiking, kayaking, windsurfing and finding homes for abused and orphaned dogs and parrots, many of whom have found their “forever home” with them.
- Energy, Oil and Gas
- Real Estate Law
- Water Law
- Free Consultation
- Credit Cards Accepted
- 5th Circuit
- Southern Methodist University
- Doctor of Jurisprudence/Juris Doctor (J.D.)
- Southern Methodist University
- B.A. (1972) | Economics
- Honors: Summa Cum Laude
- Texas State Bar # 09548500
- - Current
- Texas Oil and Gas Attorney
- Texas Attorney Blog
- Renting Your Home is NOT a “Business Purpose” in Violation of Restrictive Covenant
15 June 2018
- Healthy Forecast for Texas Permian Basin Oil and Gas Production
18 May 2018
- Land Descriptions Ambiguities Can Create Serious Problems in Oil and Gas Options
11 May 2018
- The Impact of Regulation on Texas Oil and Gas Production
4 May 2018
- Beware the Unintended Consequences of Drilling Bans
27 April 2018
- “Retained Acreage” Clauses in Oil and Gas Leases Part I: Endeavor Energy
20 April 2018
- Texas Supreme Court Changes the Rule Against Perpetuities in the Oil and Gas Context
13 April 2018
- Texas Property Law: The Essence of a Life Estate
6 April 2018
- Fraud, Justifiable Reliance and Texas Oil and Gas Leases
30 March 2018
- Q. Does adverse possession include mineral rights underneath the land's surface?
- A: Adverse possession of the surface can include adverse possession of the mineral rights as long as the mineral rights have not been severed from the surface. Severance of minerals rights from the surface estate can occur in a number of ways, such as a lease of the minerals, a deed which reserves the mineral rights or an outright deed of the mineral rights to a third party. An oil and gas attorney will need to review documents in the chain of title for the property to determine whether severance of the mineral rights has occurred.
- Q. Do you need to get permission to install wind power on a privately owned farm?
- A: In most cases, yes, you need not only permission to install wind turbines on privately owned property, you must have a written agreement, usually in the form of a lease, which addresses the compensation to the landowner and other important issues.
- Q. My mother had a interest in oil property in Oklahoma that was left to my brother and me. He is deceased. In a settlemet
- A: The answer is maybe. This is a case where the devil is in the details. The unclaimed property department of each state is separate from one another. However, you will still need to have an attorney review both the settlement agreement and any documents relevant to the Oklahoma oil property to determine whether the Oklahoma property goes to you or to his daughter under the terms of the settlement agreement.
- Q. Chapter 11 bankruptcy after the final decree when do the creditor get paid for there proof of claim. This a oil and gas
- A: In most cases, in a Chapter 11 "Debtor in Possession" proceeding, the debtor prepares and files a "Plan of Reorganization" that must be approved by the Court and certain creditors. In most cases that I have been involved with, the Plan will provide details on when creditors get paid. You can get a copy of the Plan from the Bankruptcy Clerk, the Debtor's attorney or, in some cases, online through the PACER system.
- Q. If my grandmother's name was forged on a document that cut her out of dividends from land (oil). What can be done?
- A: Your family's rights depends on what kind of document was signed and how long ago the forgery occurred. I assume the forged document was a deed. In Texas, a forged deed is void and does not pass title. However, there are statutes of limitation in Texas for asserting your rights. What statute of limitations applies and whether there are exceptions to those statutes that apply to your case depends on a variety of factors. In most cases, you cannot get royalties paid to someone else in error for more than 4 years in the past, but there are some exceptions to this doctrine. You may want to seek the assistance of a Texas oil and gas attorney who can interview you to obtain all the relevant facts, review the forged document and give you specific advice about your rights.
- Q. Can my neighbor sell his land to an energy company without my consent?
- A: In many cases, a neighbor can sell his or her land without your consent. Texas laws and the Constitution support the idea that people can buy and sell their property as they please. In some cases, there may be deed restrictions or restrictions in an owner's chain of title that can limit transfers. In addition, there may be zoning regulations or ordinances that limit how property is used. To know what law applies in your case, you would need to talk to a Texas real estate attorney so they can get more details from you and give you a specific answer about your particular situation..
- Q. I am heir to a 25% mineral interest on 297 acres. They're drilling a well. Do I get 25% of the 25% from leasee?
- A: To answer this question, an oil and gas attorney will need to do a bit of research. They will need to look at how this interest passed to you, whether through a will or a deed or some other method. They will need to review whether or not you have a lease and whether or not your property is in a pooling unit. In a pooling unit, each property is allocated oil and gas production based on how much acreage they own that is included in the unit. For example, in Texas, if you own 10 net mineral acres in a 100 acre tract, and the 100 acre tract is in a 300 acre unit, and the lease provides for a 25% royalty, then you would multiply 1/10 times 1/3 times 1/4 to calculate your royalty percentage. On the other hand, if you don't have a lease, it's possible you would be treated as a working interest owner and would only be paid after your share of exploration and drilling expenses were paid. Again, this is just an example. to know how your situation would be treated, it's imperative that you have an experienced oil and gas attorney review the relevant documents.
- Q. When does the right to request a re-assignment terminate if the provision allows for them to exercise in perpetuity?
- A: It sounds like you have a valid concern here. However, in situations like this, the devil is in the details. In other words, an experienced oil and gas attorney would have to review those assignments and discuss the facts with you to be able to advise you appropriately. There may be common-law doctrines, such as estoppel, that would operate to prevent them from exercising the re-assignment.
- Q. Recently found out I was a victim of fraud loosing around $20k.
- A: I am assuming the fraud arises from some kind of oil and gas investment you made. When I am asked about these kinds of cases, the first thing I do is review the documents you were given and that you may have signed and discuss the facts with you in order to determine whether you have a valid claim. Next, I do some background research on the potential defendant to see if they have sufficient assets to pay a judgment. Once you know whether you have a valid claim or not and whether the defendant can pay you damages in the event of the judgment, you will be in a better position to determine whether a personal lawsuit would be worthwhile. On the other hand, if the Department of Justice has already ordered them to make restitution, you probably would not get any more by filing a personal lawsuit.