In a long-delayed decision, the PA Supreme Court has unanimously decided Herder Spring in favor of existing PA mineral owners. The decision of the PA Superior Court was upheld. This is a good outcome for those PA landowners whose mineral rights might otherwise have been placed at risk of challenge.
Is there future jeopardy?
Probably not within the Commonwealth of PA court system. But a Federal court challenge on constitutional grounds, to mineral rights ownership in PA under certain specific circumstances, remains an available option for the losers in this matter (i.e., Keller). I have no clue whether or not they will mount such a challenge.
Here is a reference:
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