# West Virginia Flat-Rate Leases: The 1/8 Royalty Law Explained

> Thousands of West Virginia mineral interests still sit under century-old flat-rate leases paying a fixed annual sum. West Virginia law (W. Va. Code § 22-6-8) requires at least a 1/8 royalty before new well work is permitted on them — what that means for heirs, how to check your lease, and what the interest is really worth.

**URL:** https://www.buckheadenergy.com/resources/west-virginia-flat-rate-leases
**Source:** Buckhead Energy (https://www.buckheadenergy.com/)
**Generated:** 2026-07-25 (heuristic; server-side extraction)

## Answer
TL;DR Thousands of West Virginia interests still sit under century-old flat-rate leases paying fixed annual sums. W. Va. Code § 22-6-8 bars permits for new well work on those leases unless the operator agrees to pay at least a 1/8 royalty on the new production — strengthened in 2022 to a gross-proceeds calculation. A flat-rate interest over active Marcellus/Utica rock therefore carries development value its checks never showed. Check the lease at the county clerk, watch for permit activity, involve a WV attorney, and never sell at a price that ignores the statutory floor. Key Takeaways Flat-rate leases pay a fixed annual sum instead of a production royalty — common on WV leases signed 1890s-1930s and still in force. W. Va. Code § 22-6-8 requires at least a 1/8 royalty before permits issue for new well work on flat-rate leases; the 2022 amendment put the calculation on gross proceeds. The old flat checks may continue on old wells — the statute prices the FUTURE, which is where the value lives. Over active Marcellus/Utica rock, a flat-rate interest is worth far more than its checks suggest — and buyers know it. Check the lease in the county record room, watch for permits, and involve a WV oil and gas attorney before signing anything.

## Page Outline
- West Virginia Flat-Rate Leases: Why Your Family's Old Lease May Be Worth Far More Than Its Checks

## About Buckhead Energy
Buckhead Energy is a direct buyer of oil & gas mineral rights and royalty interests across 33 U.S. states. We provide free written offers within 24-48 hours, with closings in 30-45 days. Family-owned and operated since 2007, A+ BBB rated.

**Sell mineral rights:** https://www.buckheadenergy.com/sell
**Operator directory:** https://www.buckheadenergy.com/operators