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Rothman Gordon
Pittsburgh, Pennsylvania

Can A Landowner Who Does Not Own The Oil And Gas But Who Does Own The Coal Stop An Oil And Gas Company From Drilling An Oil And Gas Well On His Property?

You do not own the oil and gas under your property, but you do own the coal. There is a gas well that is already on your property or on adjacent property. The oil and gas company wants to put an oil and gas well on your property and the distance from either the well that is currently on your property or from the well that is on adjacent property is less than 1,000 feet. Can you stop the oil and gas company from placing a new well on your property? It is possible, if certain requirements under the Coal and Gas Resource Coordination Act are met.

The Coal and Gas Resource Coordination Act, 15 P.S. § 501 et seq., applies to gas wells which penetrate a workable coal seam in Pennsylvania, including any gas well which penetrates a workable coal seam on lands owned or administered by Pennsylvania or any political subdivision. It is an act requiring coordination of coal mine and gas well operators. Under the Act, no permit for a gas well covered by the Act may be issued to drill a new gas well, or reopen a gas well, which has been plugged in accordance with the Oil and Gas Act, unless the proposed gas well is located not less than 1,000 feet from any other well. 15 P.S. § 507(a). For purposes of this section of the Act, "other well" does not include an oil and gas or injection well which does not penetrate a workable coal seam. In other words, the Act requires that any new gas well or reopened gas well, which had been plugged, must be spaced 1,000 feet from any other well, but any other well does not include an oil and gas well or injection well, which does not penetrate a workable coal seam. If the oil and gas well does not penetrate a workable coal seam, the 1,000 foot spacing requirement does not apply. What is a workable coal seam?