Herder Spring Hunt Club v. Keller is a case currently pending before the Pennsylvania Superior Court that addresses whether tax sales can impact one’s title to subsurface oil and gas interests. The Kellers won this case in the trial court by showing that a 1935 tax sale did not “wash” their ancestors’ title to the severed subsurface interests because, among other things, the oil and gas interests were not accessed or taxable under Pennsylvania law.
As the oil and gas owners of severed estates, the Kellers have a number of similarities to Hoyt Royalty and Thorne Heritage Resources. Hoyt and Thorne have filed an Amicus brief in this case. That brief can be seen here: