Public Lands: State Parks; Split Estates Surface Use: Implied Easement

摘要

In December 2004, Belden & Blake, the owner of the mineral estate underlying a state park, notifies DCNR that it was planning to drill two gas wells. It then sends DCNR copies of its draft well drilling permit applications and maps of proposed access routes and well sites. It also posts bond with the Department of Environmental Protection. DCNR notifies the operator that it wants to impose a "coordination agreement" before allowing it to access the well sites including the posting of a performance bond and stumpage fees. B & B then files this action seeking declaratory relief as to the scope of its implied easement of surface access. DCNR asserts that its actions are consistent with its fiduciary duty under the Pennsylvania Constitution to protect public resources such as state parks.