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SWORDS CREEK LAND PARTNERSHIP v. BELCHER

Record No. 131590.

762 S.E.2d 570 (2014)

SWORDS CREEK LAND PARTNERSHIP v. Dollie BELCHER, et al.

Supreme Court of Virginia.

September 12, 2014.

Attorney(s) appearing for the Case

Alvin L. Emch ( Eric D. Whitesell ; Blair M. Gardner ; Lee Adair Floyd ; Gillespie, Hart, Altizer & Whitesell; Tazewell, Jackson Kelly, on briefs), for appellant.

Peter G. Glubiak ( Terrence Shea Cook ; Glubiak Law; Cook Law, Aylett, on brief), for appellees.

PRESENT: LEMONS, GOODWYN, MILLETTE, MIMS, and POWELL, JJ., and RUSSELL and KOONTZ, S., JJ.

Opinion by Senior Justice CHARLES S. RUSSELL.

This appeal requires us to revisit the questions arising from the interpretation of a severance deed conveying ownership of, and the right to remove, coal and timber. The dispute before us is between the present owners of the surface of the land and the successors-in-interest to the grantees of the coal rights. The parties assert conflicting claims to royalties generated by the extraction of coal bed methane gas (CBM)...

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