Supreme Court of Arkansas
Desoto Gathering Company, LLC v. Janice Smallwood
January 14, 20102010 Ark. LEXIS 14
Summary
The court held that the pipeline company did not trespass by entering the leased property under a valid right of way and the mineral lessee's right to reasonably use the surface for mineral development. The residential lease expressly subordinated the lessee's interest to encumbrances placed by the lessors, and the lessee's consent therefore was not required. The court reversed the judgment and remanded with instructions to dissolve the mandatory injunction.