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Houston Harbaugh Blog

Posts tagged "property rights"

Subsurface Mining Rights Revisited

In Commonwealth v. Seneca Resources Corporation, 2014 LEXIS 608 (Pa. Commw. Ct., October 6, 2014), the Commonwealth Court of Pennsylvania revisited the Pennsylvania Gaming Commission's ("Commission") complaint that alleged that although Seneca Resources Corporation ("Seneca") possessed the rights to oil and gas under certain parcels of land owned by the Commission, the language in one of the deeds gave permission to Seneca to extract oil and gas only using methods that existed in 1928. In its January 2014 opinion the Commonwealth Court resolved some issues from the complaint but continued the case on the sole issue of whether Seneca's hydraulic fracturing extraction methods were restricted by the language of the 1928 deed.