skip to main content
OSTI.GOV title logo U.S. Department of Energy
Office of Scientific and Technical Information

Title: A royalty pain in the gas: What costs may be properly deducted from a gas royalty interest?

Journal Article · · West Virginia Law Review
OSTI ID:376882

It is emphasized that parties contracting for oil and gas leases are always free to allocate the costs of compression, transportation and processing in their agreements, thereby avoiding many potential problems. However, it must be recognized that all too often lease agreements fail to apportion expenses that may be incurred after the discovery of oil or gas. In the likely event that the West Virginia courts are faced with this issue, they would be wise to adopt the implied duty to market theory, thereby, putting the onus on the lessee to either provide up front in the lease for the apportionment of costs after the discovery of the gas, or in those instances where the lease is silent as to who will incur the cost, to place the burden on the lessee to cover those costs. Regarding transportation costs, even in jurisdictions such as Oklahoma, where the lessee is obligated to develop the gas he has found so that it will bring the highest possible market value, the lessee is not required to provide for pipeline facilities beyond the lease premises. Kansas courts have also held that the lessee has a general duty to see that the gas is marketed, but that it is not required to pay the lessor`s share of transportation charges form the well to some distant place. Thus, in West Virginia when a gas lease is silent as what costs a lessee may properly deduct from a lessor`s royalty payment, the lessee should bear the costs under the implied duty to market theory if those costs do not involve enhancing the product or transporting it to some place of sale off the leased premises.

OSTI ID:
376882
Journal Information:
West Virginia Law Review, Vol. 98, Issue 4; Other Information: PBD: Sum 1996
Country of Publication:
United States
Language:
English

Similar Records

Implied covenants in oil and gas leases: some general principles
Journal Article · Fri Jan 01 00:00:00 EST 1982 · Public Land Resour. Law Dig.; (United States) · OSTI ID:376882

Tax advantages of a deferred minimum annual royalty provision in oil and gas leases
Journal Article · Tue Dec 01 00:00:00 EST 1981 · Oil Gas Tax Q.; (United States) · OSTI ID:376882

Costs deductible by the lessee in accounting to royalty owners for production of oil or gas
Journal Article · Sat Mar 01 00:00:00 EST 1986 · La. Law Rev.; (United States) · OSTI ID:376882