Footer Navigation. Doing so, it finds that Atlantic has adequately alleged its alter ego theory. Described at the time as a "much needed "landowner-friendly" piece of legislation, the goal of the bill was to bring uniformity and clarity to Marcellus shale royalty statements. Consequently, Counts I and II of the Amended Complaint will be dismissed to the extent they are based on Atlantic's claim that the phrase "third parties" is ambiguous. Robert J. Pooling is the consolidation of separate individual parcels to form a single production unit.
Robert's practice is exclusively devoted to the representation of landowners and royalty owners in oil and gas matters. Robert is the Chair of the Firm's Oil and.
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Doing so, it finds that Atlantic has adequately alleged its alter ego theory. The royalties are calculated as a certain percentage of the "proceeds realized" from such sales, but SWN "is entitled to deduct" certain post-production costs from the royalties, if—and only if—those costs are "assessed by third parties.
Because they understood that, like other oil and gas jurisdictions, no such implied right existed under Pennsylvania law. Horizontal drilling cannot occur without a valid pooling clause because the horizontal wellbore will likely pass through a number of separately owned parcels in which each must be under lease and authorize pooling.
Editors Note Applicable Law: 28 U.
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Pooling is the consolidation of separate individual parcels to form a single production unit. The principal rationale for requiring express authority to pool is the concept of a "cross-conveyance. The court decided that a gas driller in Pennsylvania has "broad powers to develop the oil and gas estate," including the ability to cross property lines with a horizontal wellbore.
Your Email. Your Name. Citations are also linked in the body of the Featured Case. Finally, the trial court's analysis failed to mention the concept of cross-conveyance.
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FootNotes 1. The trial court's opinion unfortunately overlooked this critical concept. As a result of pooling, the landowner no longer owns a full interest in the hydrocarbons underlying his individual tract but instead owns a fractionalized interest in the entire pooled unit based on the amount of acreage contributed to the unit. Doing so, it finds that Atlantic has adequately alleged its alter ego theory.
Consequently, Counts I and II of the Amended Complaint will be dismissed to the extent they are based on Atlantic's claim that the phrase "third parties" is ambiguous. Robert J.
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|Unless the landowner has agreed to pool his acreage, and "share" gas production with others, the horizontal wellbore cannot pass underneath his property.
Second, the court's opinion raises a question about the necessity of Section 2. It is well-established in almost every oil and gas jurisdiction that a driller has no implied right to pool leases.
Shortly after the bill became law, EQT Production Company EQT filed a lawsuit against 57 individual landowners in Allegheny County under the auspices of the clause, which is often referred to as Section 2.
The trial court's opinion is alarming for several reasons. Cited Cases No Cases Found.