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West Virginia Tenancy Bill Would Override Individual Rights

by Elizabeth Alford on February 27, 2018

West Virginia lawmakers are considering a ‘co-tenancy’ bill that would allow drilling decisions to be made by a majority of landowners.

West Virginia Works to Eliminate Post Production Fees

House Bill 4268 will potentially take away the right of an individual landowner to approve oil and gas drilling on their property. When there is multiple ownership on a single piece of land, the bill will allow a majority of 75 percent of the owners to override an individual’s choice to allow oil and gas development.

Currently, oil and gas companies must file a lawsuit suit when property owners disagree over drilling. HB 4268 would cut that long and expensive process by allowing a super-majority of property owners to decide whether or not drilling would be permitted on the property.

Property owners who disagree with the majority will be able to receive the same royalties or compensation as the majority owners.

The West Virginia Independent Oil and Gas Association supports the bill along with other agencies:

  • IOGA
  • West Virginia Farm Bureau
  • West Virginia Royalty Owners Association
  • West Virginia Surface Rights Association
  • National Association of Royalty Owners

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