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 & Gas Law
- 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
- Texas Court Addresses Violation of Implied Duty to Market by Devon
19 October 2018
- What Texas Landowners Should Know about Survey Permits for Oil and Gas Pipelines
12 October 2018
- Mandatory Arbitration Clause in Texas Oil & Gas Lease is Enforceable
12 October 2018
- Texas Choice of Law in Oil and Gas Contracts
5 October 2018
- Erroneous Use of Words “Overriding Royalty Interest” Does Not Make Mineral Estate Management Contract Ambiguous
28 September 2018
- Texas Court Holds Participating Oil and Gas Lessee Co-Tenant Owes No Royalties to the Nonparticipating Co-Tenant’s Lessors
21 September 2018
- Texas Law Now Allows Notarization Online
14 September 2018
- Course of Dealing Results in Waiver in Texas Groundwater Lease Case
7 September 2018
- Texas Statute of Frauds Renders Land man Commission Contract Unenforceable
31 August 2018
- Q. My water service is not listed as regulated by the BPU. I am in the tears and they want 65% ($2000) by Monday or they
- A: I'm not sure what the BPU is. In Texas, if it is a rural water company, ask to see a copy of the company's tariff. The tariff will set out how they handle payments of deficiencies. If you disagree with the procedure, you can file a complaint with the Texas Commission on Environmental Quality or the Public Utilities Commission, who regulate water companies in Texas. In addition, you can appear at the water company's monthly board meeting to explain the situation and request a payment plan.
- Q. I am pretty sure a nearby company is polluting my well water. What are my next steps?
- A: This is not something you can do on your own. You will need to contact an attorney who specializes in these kinds of claims. They will retain engineering experts to investigate the causal connection between the nearby company and your water well. The experts will test your water and attempt to determine if there is "correspondence" between the company's activities and any pollutants found in your well, in other words, whether any pollutants created by this company are actually migrating to your well. You must have credible expert testimony to bring this kind of claim.
- Q. How can I prove that my dad's cancer was caused by toxic waste dumps from a nearby oil factory?
- A: You will need to contact an attorney who specializes in personal injury. They will retain a medical and other experts to investigate the causal connection between the waste and your father's cancer.
- Q. My father is a fisherman affected by the BP oil spill. He doesn't speak almost any English (he's from Vietnam) but a BP
- A: It difficult to void a signed document in Texas, but Texas does allow voiding a document in certain cases where the signature was obtained by fraud. In order to determine if fraud is present in your father's case, you and your father will need to consult with an attorney who will review all the facts and circumstances regarding his signing of the settlement document to determine if the situation meets the Texas definition of fraud, and if it does, what procedures might be available to void the settlement agreement.
- Q. Would it be acceptable for us to record a "Memorandum of Option To Exercise Oil, Gas, & Mineral Lease?" Thanks!
- A: Filing a memorandum in the county deed records is certainly used to give notice of an agreement without disclosing the precise terms. However, before you do that, have an oil and gas attorney review the option itself, as well as take a look a Texas court decisions, to make sure you are not going to be in violation of the option agreement by filing the memorandum.
- Q. Is it necessary to sign a W-9 form in order to transfer royalty from my deceased grand father's account?
- A: Yes, the oil company is required to get a W-9 so they know how to report royalties to the IRS and also to you at the end of the year on a 1099.
- Q. Are there any guidelines for recording an "Option To Exercise Oil, Gas, and Mineral Lease" in the state of Texas?
- A: Texas county clerks required original , notarized signatures on the document and payment of the correct filing fee to file any document in the county deed records.
- Q. Is it legal to put a wind turbine on the roof of a house?
- A: Whether or not you can install a wind turbine on your house depends on a number of factors. You will need to have an attorney evaluate your particular circumstances to determine if the law allows it. Generally, your attorney would need to determine what municipal or county ordinances might apply that could restrict or regulate this installation. Secondly, your attorney would need to determine if there are any restrictive covenants for your neighborhood that may prohibit or regulate a wind turbine. Finally, your attorney will need to evaluate whether the size, appearance and sounds made by the turbine would constitute a nuisance to any near-by neighbors. Nuisance cases are judged by Texas courts on a case by case basis, so your attorney will need to review recent court cases on this subject to see how they apply.
- Q. Several years ago a petroleum company removed a pump that was partially on my father's land. Can we still seek damage
- A: I assume you are asking whether you can recover damages to the land? Whether or not you can depends on a number of factors, such as how long ago the damage occurred, what kind of damage it is and the terms of any agreements between your father and the oil company. It is important to have an oil and gas attorney review these and other factors with you to determine if your father can assert a claim for damages. Be aware that there are statutes of limitations that prohibit bringing a claim after a certain length of time, so you should seek the advice of an attorney sooner rather than later. In addition, many states have funds that can be used to repair damage left by an oil company if the company is no longer in business. In Texas, that is the Texas Railroad Commission.