Feature

Capture or Convert

By Tara Righetti, John Smith, and Bruce M. Kramer

Tara Righetti is an associate professor of law at the University of Wyoming College of Law in Laramie, Wyoming. John Smith is a member, partner and co-founder of Smith Butz LLC in Canonsburg, Pennsylvania. Bruce M. Kramer is of counsel to McGinnis Lochridge in Houston, Texas.
The rule of capture has always incorporated the
use of new technology to enhance production.

The rule of capture has always incorporated the use of new technology to enhance production.

(credit: iStockphoto)

Many present mineral interests are derived from grants, reservations, or leases that date back decades or, in some cases, more than a century. For instance, the lease at issue in Leggett v. EQT Production Co., 800 S.E. 2d 850 (W. Va. 2017), was issued in 1906.

Premium Content For:
  • Real Property, Trust and Estate Law Section
Join - Now