If parties involved in a pooling agreement cannot reach a voluntary decision, what types of pooling may they seek?

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When parties in a pooling agreement are unable to come to a voluntary decision, they may pursue statutory and compulsory pooling options. Statutory pooling is often governed by specific laws and regulations that require parties to combine their interests under certain conditions, even if they do not mutually agree. This can be particularly relevant in scenarios where conservation of resources or the efficient extraction of minerals is necessary.

Compulsory pooling, on the other hand, typically involves a legal mechanism that allows for the combining of land for drilling or resource extraction, despite the lack of consensus among landowners. This may be invoked to prevent waste and ensure that resources are utilized efficiently, aiding in the overall management of natural resources.

The concepts of elected, mandatory, permissive, and necessary pooling are not recognized in the same legal frameworks, making them less applicable in situations where a decision cannot be reached voluntarily. Thus, statutory and compulsory pooling are the appropriate avenues that parties can explore when consensus fails.

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