RESOLUTION NO. 2016- 4
A RESOLUTION OF THE TOWNSHIP OF
WILMOT,
BRADFORD
COUNTY
PENNSYLVANIA,
OPPOSING
POST
PRODUCTION COSTS.
WHEREAS, The Commonwealth of Pennsylvania Legislature created a piece of
legislation in 1979 commonly referred to as the “Guaranteed Minimum Royalty Act” or (Act of
July 20, 1979, P.L. 183, No. 60) which states “ a lease or other such agreement conveying the
right to remove or recover oil, natural gas or gas of any other designation from lessor to lessee
shall not be valid if such lease does not guarantee the lessor at least one-eighth royalty of all
oil, natural gas or gas of other such designations removed or recovered from the subject real
property.
WHEREAS, in 2010 the Commonwealth Supreme Court rendered a decision
concerning the GMRA (Guaranteed Minimum Royalty Act) which included a footnote #14 “We
note that the General Assembly is the branch of government best suited to weigh the public
policies underlying the determination of the proper point of valuation in the deregulated gas
industry. However, until the General Assembly acts to specify the point of valuation, we must
interpret the statute as written, prior to deregulation”.
WHEREAS, landmen soliciting landowners in an effort to get mineral leases
signed many times implied that landowners (lessors) would receive regular royalty payments
free of costs (see quote from company brochure) “The mineral owner bears no risk, but in
return receives regular royalty payments based on the well’s production revenue. The operator
incurs all risks and costs associated with drilling and producing the well”.
WHEREAS, many landowners/lessors are being treated as if they have what’s
called a “working interest” in the well. However, landowners/lessors have no say in the
business decisions that can affect the revenue derived from the operation of the well.
WHEREAS, the landowners/lessors of the Township of Wilmot are being severely
negatively impacted by the practice of deducting exorbitantly high “post production cost” from
their royalty checks.
WHEREAS, the Township of Wilmot respectfully asks the Legislature of the
Commonwealth of Pennsylvania to address this issue.
NOW, THEREFORE, BE IT RESOLVED that we demand production be
discontinued from wells where landowners are having their royalty checks diminished to nothing
or nearly nothing, or in some cases having their accounts accrue a negative balance due to
companies deducting exorbitantly high post production costs.

 RESOLVED AND ADOPTED this _____ day of ____________________, 2016.
ATTEST:
___________________________
Jane Dietz, Township Secretary

TOWNSHIP OF WILMOT
By:

_________________________________
Frank Messersmith, Chairman

By:

_________________________________
Mark Dietz, Member