WV Supremes Rule on “In-Kind” Royalties & Post-Production Deductions

In April, MDN told you that the West Virginia Supreme Court was scheduled to hear oral arguments in two important oil and gas royalty cases (see WV Supremes Hear Oral Arguments in 2 Important O&G Royalty Cases). One of those two was Kaess v. BB Land LLC, a case we were not previously aware of. In Kaess v. BB Land LLC, the Supremes were asked to rule on two questions: (1) whether an implied duty to market applies to leases containing an “in-kind” royalty provision, and (2) whether the requirements for deducting post-production expenses apply to in-kind royalty leases. The Supremes ruled on Friday---in favor of landowners.

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