In an article published by Law360, Flaster Greenberg Shareholder Daniel B. Markind, Counsel Michael Egnal, and Associate Jack T. McGuire examine a longstanding dispute over mineral rights in Pennsylvania and its potential impact on energy development, property ownership, and billions of dollars in natural gas royalties.
The authors explore the Pennsylvania Supreme Court’s 2025 decision in Commonwealth v. Proctor, which upheld the Proctor heirs’ ownership of mineral rights beneath state game lands, and the state’s subsequent passage of Act 27 to address historic title disputes. With the law’s constitutionality now challenged, the ongoing litigation raises significant questions about property rights, retroactive legislation, and the future of mineral development in Pennsylvania.
