Shale Gas Mineral Rights Case Appealed to PA Supreme Court
We have a new development in the ongoing case from Susquehanna County, PA where a lower court upheld the “Dunham rule” declaring oil and gas are not part of mineral rights. The Dunham rule, a PA law precedent that’s been in place since 1882, was challenged by PA Superior Court (see this MDN story), threatening to overturn dozens if not hundreds of leases and deeds in Pennsylvania. The landowners in the case have now appealed directly to the PA State Supreme Court in an effort to lay this to rest and have the Dunham rule upheld.
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Central and northwest Pennsylvania saw record-breaking amounts of rainfall from Tropical Storm Lee, and massive flooding along with it. It brought devastation to a wide area of Pennsylvania. Although some accuse the Marcellus drilling industry of only being in it for the buck, a number of drillers stepped up to the plate to help with flood relief.
A court case in Pennsylvania may have a chilling effect on Marcellus gas drilling in the state even before it’s finally decided. This is a bit complicated, so buckle up! And be sure to read this post if you own land in PA.
Good question, and one that Brandon Otis, a CPA and valuations specialist with Alpern Rosenthal, an accounting advisory firm, addressed at a recent meeting in Pittsburgh. Otis has done research on 384 Marcellus wells in Susquehanna County, PA and has come up with a list of criteria for determining value. Among the criteria he uses: