ELR Citation: 49 ELR 20100
No(s). 14-C-64 (W. Va. Jun 5, 2019)

A state high court affirmed a partial summary judgment for landowners in a challenge to an oil company's use of their land to extract natural gas from neighboring properties. The landowners argued that the company's lease did not allow it to use their land to extract oil and gas from neighboring mineral estates and thus that the company trespassed on their land when they drilled wells to access those estates. The court held the company had an implicit right to use the landowners' land to access minerals directly below its surface, but needed the permission of the landowners to use their land to extract minerals elsewhere. The company did not have an express agreement with the landowners permitting it to use their land to access minerals on neighboring lands, and thus its use of the land amounted to trespassing. The court therefore affirmed the partial summary judgment.