Pennsylvania Underground Storage Lease and Agreement (Surface Only)
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FAQ
(a) General rule. --The ownership of all pore space in all strata below the surface lands and waters of the Commonwealth shall be vested in the owner of the surface above the pore space.
In summary, landowners who own property own the air and the physical surface and subsurface (rocks, soil, and other immobile resources) as well as the fugitive resources that happen to be trapped in the rock pores of the physical property. Underground Property Rights in Pennsylvania psu.edu ? wp-content ? uploads ? 2022/12 psu.edu ? wp-content ? uploads ? 2022/12
5 The summary of relevant case law below demonstrates that courts in Montana, Oklahoma, Louisiana, New York, Michigan, West Virginia, New Mexico, and California all recognize the surface owner's ownership of underground pore space for gas storage operations. A Survey of Pore Space Ownership in U.S. Jurisdictions duqlawblogs.org ? uploads ? 2016/07 duqlawblogs.org ? uploads ? 2016/07 PDF
Under American rule, the mineral estate holder owns the minerals but not the geologic formation. The surface owner owns the geologic pore space and has storage rights. Pore Space Rights ? U.S. Overview - Global CCS Institute Global CCS Institute ? 2022/05 Global CCS Institute ? 2022/05 PDF
The Pore Lease Oil & gas leases normally contain provisions allowing the lessee to reinject produced gas and water. These lessors are the mineral owners. Depending upon the lease they granted to a lessee, the ?minerals? that lessees may produce are frequently limited to oil & gas. A ?Pore? Explanation: What are Pore Spaces, How To Lease Them, and ... foley.com ? insights ? publications ? 2022/04 foley.com ? insights ? publications ? 2022/04