Landowners allege encroachment by oil interests

By Carol Ostrow | Apr 7, 2015

A joint venture property firm and a Harris County man have sued a municipality and a private company, alleging incursion in a property dispute.

NASA 1325 Joint Venture ("NASA 1325") and Richard K. Duncan Sr. filed a lawsuit March 30 in Galveston County District Court against the city of League City and KW Interests, alleging infringement of property rights.

According to the complaint, the plaintiffs own land in Galveston County and the defendants appropriated the real estate without first compensating the owners for the purpose of investment and development, with specific plans to use the parcel for drilling an oil and gas well.

The suit says Duncan also is part-owner in a second parcel of land in Galveston County, the co-owner of which is defendant KW. KW’s general partner informed Duncan, according to the suit, that Duncan does not own oil, gas or mineral interests in that parcel. The complaint alleges Duncan: has not consented to the leasing of the oil, gas or mineral rights; objects to plans for drilling; and KW is trespassing on his interests.

The plaintiffs seek: between $200,000 and $1 million in compensation for actual damages; pre- and post-judgment interest; attorney fees; expenses and costs. They are represented by attorney Josh Harrison of Goodwin & Harrison in The Woodlands.

Galveston County District Court case number 15-CV-0320

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