Oil & Gas Survey: West Virginia (2020)

9 Pages Posted: 8 Mar 2021

See all articles by Joshua P. Fershee

Joshua P. Fershee

University of North Dakota - School of Law; West Virginia University - College of Law; Dean & Professor of Law

Date Written: January 22, 2021


This Article summarizes and discusses important recent developments in West Virginia’s oil and gas law as determined by recent West Virginia Supreme Court of Appeals cases. There were no substantial legislative changes in the covered period.

The discussed cases considered:

(1) whether hydraulic fracturing and horizontal drilling were allowed when an old lease could not have contemplated such methods were not permissible;

(2) proper interpretation of deed language;

(3) whether all oil and gas leases have implied rights of pooling;

(4) whether partial, but regular, tax payments precluded a tax sale; and

(5) whether the West Virginia Code allowed for a cap placed on operating expense deductions and if the cap can be described as both a percentage and dollar figure.

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

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

Suggested Citation

Fershee, Joshua Paul and Fershee, Joshua Paul and Fershee, Joshua Paul, Oil & Gas Survey: West Virginia (2020) (January 22, 2021). Texas A&M University Journal of Property Law, Vol. 6, 2020, Available at SSRN: https://ssrn.com/abstract=3771597

Joshua Paul Fershee (Contact Author)

University of North Dakota - School of Law ( email )

P.O. Box 9003
Grand Forks, ND 58202-9003
United States
701-777-2261 (Phone)

HOME PAGE: http://law.und.edu/faculty/profile/fershee-j.cfm

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

West Virginia University - College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States
304-293-2868 (Phone)

HOME PAGE: http://law.wvu.edu/faculty/full_time_faculty/joshua-p-fershee

Do you want regular updates from SSRN on Twitter?

Paper statistics

Abstract Views
PlumX Metrics