EQT PRODUCTION COMPANY; AND EQT GATHERING, LLC, APPELLANTS/CROSS-APPELLEES v. BIG SANDY COMPANY, L.P., APPELLEE/CROSS-APPELLANT, 590 S.W.3d 275

Summary

HOLDINGS: [1]-Holder of oil and gas interests was to pay to move its pipelines in the event that a pipeline interfered more than as reasonably possible with the rights of the owner of a coal property because the language of the deeds at issue required the holder to interfere as little as reasonably possible with the owner's ability to mine the property. While the language of the deeds did not include a payment clause, such a remedy had to be available to the owner in the event that the holder violated that portion of the deeds; [2]-Five-year statute of limitations in Ky. Rev. Stat. Ann. § 413.120(11) applied to the holder's unjust enrichment claim against the owner. The statute of limitations was not tolled by Ky. Rev. Stat. Ann. §§ 413.130(3) and 413.190(2) (2017) because the holder failed to discover its overpayments to the owner due to a lack of reasonable diligence on its part.