A 1920s land deed reserving oil and gas rights on state game lands by using “ordinary means now in use” will not bar an energy company from accessing those resources by horizontal drilling from an adjacent property, the Commonwealth Court has ruled.
The Oct. 6 ruling in Pennsylvania Game Commission v. Seneca Resources did not make a determination on whether the driller will be barred from accessing the resources through hydraulic fracturing on the surface of the land owned by the state Game Commission, and called for a hearing on the specific issue of whether surface access should be limited to methods in use when the deed was written.
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