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During the 2018 regular session, West Virginia lawmakers passed HB 4268, the Cotenancy Modernization and Majority Protection Act. Now, the West Virginia oil and gas industry is busy evaluating the impact that use of the Cotenancy Act may have on their development plans and schedules. Some questions being asked are: when is use of the Act applicable to a project, what is the most efficient process of implementation, and what benefits may be gained from using the Act in project development?
In this webcast, we will explore the current state of these and other issues, including:
- Requirements for use of cotenancy legislation
- Rights of unknown or unlocatable interest owners and non-consenting cotenants
- Diligence requirements in identifying owners of interests in minerals
- Statutory defense to waste or trespass claim
- Negotiations and best and final lease offer
- Surface use
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