Walter J. Rose and Ruth O. Rose v. Oneida Coal Company, Inc., a West Virginia corporation, No. 22606 (W. Va. December 8, 1995) (Miller, J.): 195 W.Va. 726, 466 S.E.2d 794:
Affirming summary judgment as to the loss of water caused by underground mining operations, but reversing summary judgment as to damage to the surface, despite a broad form release pursuant to a 1915 mineral deed, the Court held (1) neither the Surface Coal Mining and Reclamation Act, W. Va. Code § 22-3-24, nor its federal counterpart, 30 U.S.C. § 1307, relating to the replacement of surface water, is applicable to underground mining, and (2) pursuant to the Surface Mining Reclamation Act, W. Va. Code § 22-3-14, and its federal counterpart, and accompanying regulations, an underground mining operator is required to correct any material damage resulting from subsidence caused to the surface to the extent technologically and economically feasible by restoring the surface to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before the subsidence.
Amon Croston, Lois Croston, Rettie Newman and Fred Newman v. Emax Oil Company, a Virginia corporation, No. 22686 (W. Va. October 30, 1995) (Albright, J.): 195 W.Va. 86, 464 S.E.2d 728:
Affirming summary judgment against landowners who sought to compel pooling when a well was drilled by their lessee on adjoining land within forty feet of their property, the Court held that although a lessee has a duty to avoid the fraudulent or evasive drainage of property of one lessor the detriment of another lessor, there is no implied duty to pool the leaseholds with respect to shallow wells not located in a coal field or utilized in a secondary recovery program.
Don Phillips v. Steven Fox, Debra Fox, and Mabel Fox and Mabel Fox v. Don Phillips, No. 22194 (W. Va. April 14, 1995) (McHugh, J.): 193 W.Va. 657, 458 S.E.2d 327:
Where deed was ambiguous regarding the right to surface mine the mineral estate, the Court held that although a grant of the right to surface mine may be express or implied, such right will be implied only if (1) surface mining was a known and accepted practice in the locality where the land is located at the time the deed was executed; (2) surface mining is reasonably necessary for extraction of the mineral; and (3) surface mining may be conducted without any substantial burden to the surface owner.
Mabel F. Powers, Robert Powers, Jr., Beulah W. Riffle, Osburn R. Riffle, Alva V. Wimer, Marsha Sue Wimer, Gerald Wimer, and Linda Wimer v. Union Drilling, Inc., a corporation; Columbia Natural Resources, Inc., a corporation; Beulah Mullins; and Robert Vincent, No. 22490 (W. Va. April 14, 1995) (Workman, J.): 461 S.E.2d 844:
Affirming the dismissal of an action to recover damages for trespass based upon their exclusion from a pooling agreement, the Court held that the provisions of W. Va. Code § 22C-9-7 concerning application to the oil and gas conservation commissioner upon the drilling of a deep well for the establishment of drilling units and the pooling of interests in drilling units are discretionary and the invocation of this mechanism can be sought solely through application to the oil and gas conservation commissioner.
Jolynne Corporation v. Donald G. Michels and Inco 3, Inc., et al., No. 21822 (W. Va. June 15, 1994) (Neely, J.): 191 W.Va. 406, 446 S.E.2d 494:
Reversing a verdict confirming the validity of a mineral lease which, despite lack of production thereunder for
at least ten years, was noted in a deed conveying the surface estate after such lack of production, the Court
reaffirmed its holding in Syl. pt. 3 of Erwin v. Bethlehem Steel Corp., 134 W. Va. 900, 62 S.E.2d 337 (1950),
that "A reservation or an exception in favor of a stranger to a conveyance does not serve to recognize or
confirm a right which does not exist in his favor when the conveyance which contains such reservation or
exception is made."
Edward F.L. Bruen, et al. v. Columbia Gas Transmission Corporation, a Delaware corporation, etc., et al., No. 20734 (W. Va. December 16, 1992) (McHugh, C.J.): 188 W.Va. 730, 426 S.E.2d 522:
Reversing a $29.6 million verdict in an oil and gas case where the lessors maintained that the 1907 lease had expired after the wells had not "produced in paying quantities," the Court held that where the term of a mineral lease continues "so long . . . as oil and gas is produced," but also provides for "flat-rate" rental payments, then the quantity of production is irrelevant to the issue of the lease's expiration so long as the "flat-rate" payments have been made.
Hays and Company, a corporation v. Ancro Oil & Gas, Inc., etc., et al. and B.R. Hays, et al., No. 20213 (W. Va. November 15, 1991) (Miller, C.J.): 186 W.Va. 153, 411 S.E.2d 478:
Interpreting the effect of an assignment of oil and gas rights, the Court held that unless otherwise provided for in the assignment, the assignor retains the right to the income and profits that have already accrued on the assigned property at the time the property is transferred.
Emmit Breedlove and Wilma Breedlove, etc., et al. v. Pennzoil Company, etc., et al. v. Guyan Oil Company, Inc., etc., et al. and Hazel Whitten, Edward Gillenwater, Thelma Gillenwater, Harry Lovejoy, and Sadako Lovejoy v. Pennzoil Company, etc., et al. v. Guyan Oil Company, Inc., etc., et al., No. 19496 (W. Va. November 9, 1990) (Workman, J.): 184 W.Va. 44, 399 S.E.2d 187:
Despite 37 years of free gas given to landowners following their execution of oil and gas leases, the Court upheld the right of the lessees to discontinue supplying free gas, holding that when a mineral lease conditions a covenant of free gas for domestic use on the production of gas from the leased premises, the covenant is not enforceable until gas is actually produced from the leased premises.