OH Landowner Loses Lawsuit to Stop Eclipse Drilling New Wells

A Harrison County, OH landowner signed a lease back in 2006 granting a driller “broad rights” to extract oil and gas on and beyond his property. The lease was signed for $1 plus royalty payments. Obviously the landowner (frankly, nobody) at the time had any idea the Utica Shale miracle would happen just a few years later. The lease signed by the landowner was, in retrospect, a bad one. But that doesn’t excuse the landowner from living up to the obligations under that lease, which the landowner has learned the hard way. The lease was sold to Eclipse Resources and Eclipse wanted to, under the terms of the lease, drill new wells which would not only drain that landowner’s property (136 acres), but also drill under neighboring properties where Eclipse also owned the lease rights. That is, the well would be located on the landowner’s property but access gas under other properties–yielding royalties to others but not the landowner. The landowner objected to new wells on his property without a new lease (can’t blame him). However, first a district court and now the U.S. Sixth Circuit Court of Appeals decided for Eclipse against the landowner. Below is a summary of Eclipse Res. Ohio, LLC v. Madzia, followed by a copy of the full decision from the Sixth Circuit…

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