Minimum Gas Royalties Not Divisible In Pennsylvania
The Pennsylvania Superior Court recently held in Southwestern Energy Production Company, et al. v. Forest Resources, LLC, et al. that an “assignment back” clause that results in a lessor’s net royalty being less than one-eighth violates the Pennsylvania Guaranteed Minimum Royalty Act (GMRA). The GMRA requires oil and gas leases to provide a minimum one-eighth royalty. Under the terms of a lease, the lessor in Southwestern Energy was to receive the statutory minimum one-eighth royalty. The parties subsequently amended the lease, modifying the royalty provision so that the lessor retained 50% of the royalty and assigned the remaining 50% of the royalty to the lessee to pay for marketing costs. Although the court found little authority regarding the technical requirements for compliance with the GMRA, it found that the intent of the statute was to clearly protect the lessor. It reasoned that the GMRA applies to both leases and other agreements, including amendments, and that it compels a “guarantee” of at least a one-eighth royalty. Accordingly, it concluded that a lease that contains an assignment back clause that does not guarantee the statutory minimum royalty violates the GMRA.