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HARRISON-WYATT, LLC v. RATLIFF

Record No. 030634.

593 S.E.2d 234 (2004)

267 Va. 549

HARRISON-WYATT, LLC v. Donald RATLIFF, et al.

Supreme Court of Virginia.

March 5, 2004.

Attorney(s) appearing for the Case

J. Scott Sexton (Monica Taylor Monday; Gentry, Locke, Rakes & Moore, on briefs), Roanoke, for appellant.

Peter G. Glubiak (Glubiak Law Office, on brief), Aylett, for appellees.

Amicus Curiae: The Virginia Oil and Gas Association, Inc. (James R. Kibler, Jr.; LeClair Ryan, on brief).

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and STEPHENSON, S.J.

STEPHENSON, Senior Justice.

This appeal presents a significant question of first impression in Virginia, to-wit: Where a surface owner of a tract of land, or his predecessor-in-title, has conveyed all the coal in and under his land, has title to the coal bed methane (CBM) passed to the coal owner along with the coal?

I

Harrison-Wyatt, LLC (the Coal Owner), is the successor grantee under three coal severance deeds from the 19th century. Donald Ratliff...

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