HITE V. FALCON PARTNERS: A MODEL RULE FOR MARCELLUS AND UTICA SHALE STATES PRECLUDING THE USE OF DELAY RENTAL PAYMENTS TO EXTEND THE PRIMARY TERM IN AN OIL AND GAS LEASE.

The article discusses delay rental payments law in New York (State), Pennsylvania, Ohio, and West Virginia and describes the developments made in theses states with regard to interpretation of oil and gas leases. It reflects on Pennsylvania court's decision in Hite v. Falcon Partners that payment of delay rental under an oil and gas lease cannot extend the length of the lease beyond the primary term.