Oil & Gas Survey: West Virginia (2019)

11 Pages Posted: 8 Apr 2019 Last revised: 2 Sep 2021

See all articles by Joshua P. Fershee

Joshua P. Fershee

Dean & Professor of Law; Creighton University School of Law

Date Written: April 1, 2019

Abstract

This Article summarizes and discusses important recent developments in West Virginia’s oil and gas law, including legislative action and case law. This Article is divided into three Sections. First, West Virginia’s evolution in its approach to fractional mineral owner disputes in the Marcellus Shale. After multiple efforts to pass a forced pooling bill, the state settled instead on a cotenancy solution. Second, West Virginia addressed flat-rate royalties, following two court cases, a legislative response, and a subsequent court challenge to the legislation. Finally, this Article discusses three developments in lease interpretation: (1) what will be deemed “reasonably necessary” for oil and gas development in West Virginia; (2) if implied pooling rights are included in West Virginia leases that are silent on the matter; and (3) whether non-executory and non-participating royalty owners have rights to approve pooling.

Keywords: oil, gas, natural gas, shale, Marcellus, hydraulic fracturing, fracking, mineral rights, royalty, property, pooling

JEL Classification: Q4, Q40, Q41, Q48, Q13, Q21, Q28, Q3, Q31, Q31, Q33, Q38

Suggested Citation

Fershee, Joshua P., Oil & Gas Survey: West Virginia (2019) (April 1, 2019). Texas A&M University Journal of Property Law, Vol. 5, 2019, WVU College of Law Research Paper No. 2019-010, Available at SSRN: https://ssrn.com/abstract=3364269

Joshua P. Fershee (Contact Author)

Dean & Professor of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-2348 (Phone)

HOME PAGE: http://https://www.creighton.edu/faculty-directory-profile/2522/joshua-fershee

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-2348 (Phone)

HOME PAGE: http://https://www.creighton.edu/faculty-directory-profile/2522/joshua-fershee

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