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Real Estate

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Pennsylvania Oil and Gas Law: Lease to Litigation

Credits Available
Credit Status Total
New Jersey CLE Approved 3.6 Total
New York CLE Approved 3.5 Total
Pennsylvania CLE Approved 3 Total
Live Online
3 hours
Brendan O
With Brendan A. O'Donnell from Houston Harbaugh, P.C.

Thu, Oct 29, 00:00 AM – 00:00 PM

Product ID 102610

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Overview

Navigate Pennsylvania's Complex Oil & Gas Landscape With Confidence

Pennsylvania's current shale activity continues to generate complex legal disputes - and your clients need an attorney who knows the landscape. From negotiating airtight lease provisions to navigating royalty disputes, title issues, and emerging surface rights conflicts, this course gives you the practical tools to protect landowner interests at every stage. Don't let the complexity of Pennsylvania oil and gas law catch you off guard - register today!

Abbreviated Agenda

  1. Overview of Pennsylvania Oil and Gas Law
  2. Lease Negotiation: Protecting Landowners at the Front End
  3. Royalty Rights: Calculation, Post-Production Costs and Disputes
  4. Lease Expiration and Title Issues
  5. Surface Rights, Pipelines and Emerging Issues
  6. Recent Case Law, Legislative Update and Practical Tips

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Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102610

Credit Details

Credits Available
Credit Status Total
New Jersey CLE Approved 3.6 Total
New York CLE Approved 3.5 Total
Pennsylvania CLE Approved 3 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Overview of Pennsylvania Oil and Gas Law

    1. The Current Shale Landscape in Pennsylvania
    2. Key Statutes: Guaranteed Minimum Royalty Act (GMRA), Act 85, Oil and Gas Act
    3. How Disputes Arise and How Courts Resolve Them

  2. Lease Negotiation: Protecting Landowners at the Front End

    1. Critical Lease Provisions: Primary Term, Habendum Clause, Shut-In Royalties, Delay Rentals
    2. Representations About Prior Development and Title Warranties - Risks and How to Address Them
    3. Pooling and Unitization Clauses vs. Act 66 and Act 85
    4. How and When to Address Surface Issues

  3. Royalty Rights: Calculation, Post-Production Costs and Disputes

    1. Where and How is the Royalty Determined: Percentage, Yardstick, and Measurement Location
    2. Production Costs vs. Post-Production Costs - What Can Be Deducted?
    3. Market Enhancement Clauses After Dressler Family, LP v. PennEnergy Resources
    4. Pennsylvania's Guaranteed Minimum Royalty Act and Its Limitations

  4. Lease Expiration and Title Issues

    1. Habendum Clause and the "Produced or Capable" Standard
    2. Shut-In Royalty Provisions and Lease Duration
    3. Quiet Title Actions and Curative Title Litigation
    4. Ownership Under Rivers, Streams, and Severed Estates

  5. Surface Rights, Pipelines and Emerging Issues

    1. Surface Use Agreements and Landowner Protections
    2. Pipeline ROW Negotiations and Eminent Domain Considerations
    3. Solar Development on Oil and Gas Lands: Conflicts and Coordination
    4. Lithium and Rare Earth Mineral Ownership

  6. Recent Case Law, Legislative Update and Practical Tips

    1. Notable Recent Pennsylvania Superior Court and Commonwealth Court Decisions
    2. Legislative Proposals Affecting Royalty Rights and Landowner Protections
    3. Oil, Gas and Mineral Rights Disclosure in Real Estate Transactions

Who Should Attend

This program is designed for Pennsylvania attorneys. Consultants, professionals in the oil and gas industry, and paralegals may also benefit.

Speakers

Brendan A O'Donnell
Brendan A.
O'Donnell
Houston Harbaugh, P.C.
Speaker bio
Brendan A O'Donnell

Brendan A. O'Donnell

Houston Harbaugh, P.C.
Brendan O'Donnell

is an attorney in Houston Harbaugh, P.C.'s oil and gas practice. He maintains a diverse practice, representing clients in all matters involving oil and gas spanning the transactional and litigation realms. On the transactional front, Mr. O'Donnell routinely assists landowners with negotiating oil and gas leases, pipeline rights of way and surface use agreements and subsurface easements related to horizontal drilling as part of Marcellus and Utica shale development. He also frequently reviews royalty statements and oil and gas ownership issues as well as preparing deeds and title curative documents. Mr. O'Donnell complements his oil and gas practice by representing property owners, including oil and gas owners, in zoning and land use matters. He earned his B.A. and J.D. degrees from the University of Pittsburgh. Mr. O'Donnell is admitted to practice in the Commonwealth of Pennsylvania, U.S. District Court for the Western and Middle districts of Pennsylvania, and U.S. Court of Appeals for the Third and Sixth circuits.

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