If it's your property, whether separated from another element or not ... it is your property.
The real question comes in when discussing leases and should have been addressed by now, especially in the case of producing wells.
Also, if ceding title to the land does not cede mineral (oil and gas) rights, wouldn't those revert to the descendents of the tribes which occupied the area before the european settlers? Or do they not count? This could get really sticky.
Read this one last night and have to wonder how this will end. How do you see it?
The argument that shale oil is different from coal will be hard to argue when shale oil is referred to as “rock oil”.
I also wonder if this will be that big a deal in that how much of the leases in the Marcellus were actually proceeded by leases for coal.
I know of no distinction in mineral rights in Texas. They can either go with the property in a sale or be retained by the seller as per the contract and the deed.
Thanks for the article. Shale oil/gas is widespread, Colorado has deposits that are being produced too.