Bennion vs. Utah State Board of Oil, Gas, and Mining: interpreting the pooling provisions of Utah's Oil and Gas Conservation Act

Journal Article · Tue Jan 01 04:00:00 EST 1985 · J. Energy Law Policy; (United States)

OSTI ID:5938204

Culbertson, R D

A review of the Bennion case, which is the first judicial interpretation of the pooling provision of the Utah Oil and Gas Conservation Act of 1983, analyzes a 1966 decision on Utah's drilling unit and pooling statute, recent changes in the statute, and the applicability of that decision to the 1983 Act. The Bennion court upheld a nonconsenting owner's vested right to share in unit production prior to a forced pooling order, but failed to address the issue of whether the taking clause requires the retroactive application of forced pooling orders. The 1983 Act should dispel the court's fear of allowing nonconsenting owners to avoid the risks of drilling. Under the Act, Utah courts should hold that the retroactive application of forced pooling orders is required by the fifth amendment of the US Constitution to avoid an unconstitutional taking of property.

• OSTI ID: 5938204
• Journal Information: J. Energy Law Policy; (United States), Journal Name: J. Energy Law Policy; (United States) Vol. 6:1; ISSN JELPE
• Country of Publication: United States
• Language: English

Related Subjects

02 PETROLEUM
021000* -- Petroleum-- Legislation & Regulations
03 NATURAL GAS
031000 -- Natural Gas-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294000 -- Energy Planning & Policy-- Fossil Fuels
CASE LAW
DRILLING
FEDERAL REGION VIII
INCOME
LAWS
LEGAL ASPECTS
MINERAL RESOURCES
NORTH AMERICA
RESOURCE CONSERVATION
RESOURCES
ROYALTIES
USA
UTAH
WELL DRILLING