Francis Kaess v. BB Land, LLC (Justice Trump, concurring)

No. 23-522 – Francis Kaess v. BB Land, LLC FILED June 6, 2025 Justice Trump, concurring: released at 3:00 p.m. C. CASEY FORBES, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA While I concur in the majority opinion’s answers to the certified questions in this case, I write separately to explain the basis of my judgment. An “in-kind royalty” is one which is paid by lessee’s delivery to the lessor of the lessor’s share of the actual oil or gas produced under the lease, as opposed to a percentage of the proceeds from the sale of the oil or gas produced. A lessor receives an “in-kind royalty”…