Opinion

Independent Oil & Gas Ass'n v. Board of Assessment Appeals

  • 780 A.2d 795
  • 149 Oil & Gas Rep. 545
  • 2001 Pa. Commw. LEXIS 515
Court
Commonwealth Court of Pennsylvania
Filed
Jul 13, 2001
Status
Published
Author
Colins
On the bench
Doyle, Colins, Smith, Pellegrini, Friedman, Kelley, Leadbetter
Cited by
2 cases

The opinion

COLINS, Judge,

Dissenting.

I must respectfully dissent from the erudite opinion of the majority.

As correctly noted by the majority, the General Assembly explicitly recognized the taxing of coal interests as part of the real estate. However, as also was correctly noted, while oil and gas are minerals, unlike coal, they are fugacious in nature. It is possible for an owner of adjacent land to extract oil and gas reserves which lay beneath another’s real estate without ever entering upon the neighboring land.

What Fayette County has enacted is a de facto tax on oil and gas royalty rights without any legislative authority. Only the General Assembly may authorize a taxing scheme for non-producing oil and gas interests, and it has clearly chosen not to do so.

Therefore, the order of the Court of Common Pleas of Fayette County must be reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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