Dye v. CNX Gas Company, LLC

Opinion by Justice ELIZABETH A. McCLANAHAN.

Nella Kate Martin Dye filed a declaratory judgment action seeking a determination that the term "minerals" used in two severance deeds executed in 1886 and 1887 did not effect a conveyance of the natural gas and coal bed methane (collectively "gas") underlying her land. Relying upon Warren v. Clinchfield Coal Corp., 166 Va. 524 , 186 S.E. 20 (1936), the circuit court held that the term "minerals" included the gas as a matter of law and sustained demurrers to Dye's original and amended complaints. On appeal, Dye argues that the circuit court erred…