By: Alexandra K. McCluskey, Esq.

On July 19, 2016, the Pennsylvania Supreme Court affirmed the Superior Court’s decision in Herder Spring Hunting Club v. Keller, No. 5 MAP 2015, and reaffirmed “title washing” under historical Pennsylvania tax assessment law.

A title wash occurs when a tax sale of unseated lands extinguishes a previously severed and unreported mineral interest under the Act of 1804, April 3, P.L. 517, as amended. Although not new to Pennsylvania, title washes have come under renewed scrutiny as a result of Marcellus Shale development, particularly in northeastern and central Pennsylvania counties.

To view a copy of the Court’s opinion, please click here.

Alexandra K. McCluskey is an associate in Leech Tishman’s Energy Practice Group. 

For questions regarding this issue, please contact Shana Smith, an associate in the Energy and Environmental, Health & Safety Practice Groups. Shana is based in Leech Tishman’s Pittsburgh office, and can be reached at 412-261-1600, or by email at ssmith@leechtishman.com.

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