In West Virginia, who cannot produce gas?

In West Virginia, non-participating royalty owners cannot produce gas because they do not hold the rights to extract or drill for gas and oil beneath the land. Typically, non-participating royalty owners receive a share of the royalties from gas production, but they do not have the legal entitlement to actively participate in the production process or to make decisions regarding operations on the land. The rights associated with land ownership, including gas rights, can be complex, and those who do not have a lease or participation agreement (such as non-participating royalty owners) are restricted from production activities.

In contrast, any landowner potentially has the right to produce gas depending on the legal agreements or leases they may have in place. Lessees, who hold a lease on the property, generally have the rights to explore for and produce gas. Lastly, state regulators do not produce gas, but they oversee and enforce regulations regarding gas production to ensure compliance and protect the environment.