TX Court Decision Gives Hope to M-U Landowners re Royalties
Whether or not drilling companies have the right to deduct post-production expenses (processing the gas, pipeline transportation, etc.) has raged for more than a decade here in the Marcellus/Utica. Even if landowners have ironclad, very specific language in the contract prohibiting post-production deductions from royalties, some companies (*cough* Chesapeake Energy *cough*) still find ways to claim deductions anyway, leading to expensive and years-long lawsuits that benefit the lawyers more than anyone else. A decision in a recent Texas Supreme Court case gives landowners in the M-U some hope.
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In May 2020 the Pennsylvania Supreme Court heard oral arguments in a case challenging whether or not the state Attorney General’s office has the right to use a consumer protection law to prosecute companies like Chesapeake Energy and Anadarko over royalty payment shenanigans (see 
Chesapeake Energy has screwed over landowners in northeastern Pennsylvania (and elsewhere) for years. Under the provisions of a “settlement” just brokered by PA’s shale-hating Attorney General, Josh Shapiro, Chesapeake will get away with settling the royalty case for pennies on the dollar. The average landowner will get just over $300 from this “settlement.” What a cruel joke. This is all about headlines and showmanship for Shapiro who hopes to run for governor next year. Don’t fall for his “I’m the savior of landowners” schtick. He just sold landowners down the river in return for a headline his campaign can use.
EQT Corporation, the largest natural gas producer in the United States, is asking West Virginia officials to remove two judges from hearing cases brought by landowners against the EQT relating to royalty disputes for alleged improper deductions. EQT wants Judges Timothy Sweeney and David W. Hummel Jr. to be disqualified from at least three cases (that we know of).
The Ohio Supreme Court just delivered a decision that affects one particular landowner (and former mineral rights owner), but also has implications for all Ohio landowners and rights owners. And by extension, implications for drillers that pay royalty payments. The Supremes found in Gerrity v. Chervenak that the landowners in the case (the Chervenaks) did enough due diligence when searching for the rights owner who had moved out of the area. The Supremes said the landowner performed the proper steps to reclaim ownership of the severed mineral rights under their land.
After selling Rice Energy to EQT in 2017, the four Rice brothers, all of whom worked at Rice Energy (and left after the merger), launched a new venture (see 
Yesterday Rising Phoenix Royalties (RPR) announced it has purchased the future royalty payments from a landowner in the Utica Shale, in Monroe County, OH. This acquisition is RPR’s third Marcellus/Utica transaction this year.
Last October MDN told you about RealX, the country’s first and largest online property rights exchange (see