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
- USGS Publishes New Assessment of Permian Basin Reserves
30 November 2018
- 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
- 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. 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. 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. 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. 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. 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. 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. 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. Our mother made a deal leasing her rights, but she has early stage dementia, can we contest this?
- A: If your mother's dementia prevented her from understanding what she was signing, it may be possible to void the lease. You will need to seek the assistance of an attorney to evaluate the specifics of her situation and also a written opinion of a physician that she lacks mental capacity to understand what she signed.