Does this mean using rocks on the property to build a house or wall violates mineral rights?
In Osage county it does
A contractor has to apply for a Sandy soil mining permit with the BIA if they have required borrow material within the Osage Nation Mineral Reservation when constructing roadways.
If borrow material is obtained outside of Osage County the contractor still needs to obtain an ONMRSSM Permit to bring that material into Osage Co. Also, the contractor is not allowed to dispose of excess dirt material from Osage Co to another county.
There are a lot of fees associated with obtaining borrow material in Osage Co that a contractor doesn’t have to pay in the rest of Oklahoma. One of the fees is royalties. A contractor will always pay a land owner for borrow material but in the Osage Nation Mineral Reservation they pay royalties as well. It’s basically a headache that costs more to do business and the taxpayers foot the additional expenses
If borrow material is obtained outside of Osage County the contractor still needs to obtain an ONMRSSM Permit to bring that material into Osage Co. Also, the contractor is not allowed to dispose of excess dirt material from Osage Co to another county.
There are a lot of fees associated with obtaining borrow material in Osage Co that a contractor doesn’t have to pay in the rest of Oklahoma. One of the fees is royalties. A contractor will always pay a land owner for borrow material but in the Osage Nation Mineral Reservation they pay royalties as well. It’s basically a headache that costs more to do business and the taxpayers foot the additional expenses
Only IF you are a multi million dollar corporation. Thankfully every square INCH of my family land has matching mineral rights attached. This lawsuit borders BS.....
Once they are built they have to be commissioned loading software. It could be the tower needed a part and had to wait. it could be they are waiting on the sub station to be built. They have to do an idle maintenance ( move the grease around ). nothing is maintenance free.
Thanks, I know nothing about the industry. In my mind, they erected them, tied to the grid and flipped a switch.
By GREG HENDERSON January 9, 2024
A federal judge in Oklahoma has ordered the removal of an 84-turbine wind farm spread across 8,400 acres in Osage County with a final ruling that ends a decade-long legal battle over illegal mining on the Osage Reservation. The cost for removal of the turbines is estimated at $300 million.
The ruling in Tulsa federal court by U.S. Court of International Trade Judge Jennifer Choe-Groves was against Osage Wind LLC, Enel Kansas LLC and Enel Green Power North America Inc. The order grants the United States and the Osage Nation through its Minerals Council permanent injunctive relief via “ejectment of the wind turbine farm for continuing trespass.”
The Osage Allotment Act of 1906 states that the Osage Nation owns the subsurface rights to minerals in the area. The Minerals Council is an arm of the Osage Nation that manages the Osage Minerals Estate.
A trial date for damages due to the tribe has not been set, but a spokesman for the Osage Minerals Council said the tribe would expect at least the value of damage to the land, all lawyer fees, profits and tax incentives Enel received as a result of the installation.
At issue in the case was whether a mining permit was required to construct the wind farm, located in tallgrass prairie between Pawhuska and Fairfax. The defendants began leasing surface rights from private landowners for the project in 2013, and construction on the wind towers began in October 2013, with excavation for the towers beginning in September 2014.
A 2017 appellate court decision determined the construction of the wind farm constituted mining and therefore a lease from the Osage Nation’s Minerals Council was required.
“The developers failed to acquire a mining lease during or after construction, as well as after issuance of the 10th Circuit Court of Appeals’ decision holding that a mining lease was required,” Choe-Groves said.
“On the record before the Court, it is clear the Defendants are actively avoiding the leasing requirement,” Choe-Groves said. “Permitting such behavior would create the prospect for future interference with the Osage Mineral Council’s authority by Defendants or others wishing to develop the mineral lease. The Court concludes that Defendants’ past and continued refusal to obtain a lease constitutes interference with the sovereignty of the Osage Nation and is sufficient to constitute irreparable injury.”
Judge Orders Wind Turbines Removed From Osage Nation
Removal of the 84 turbines erected beginning 10 years ago without a mining permit from the Osage Nation ends a long legal battle and will cost the developers $300 million.www.agweb.com
Bad decision IMO - more expansion of the McGrit BS - I expect they will settle with the tribe - many land owners will loose megabucks on this sham over extended decision - your home+your land will be next
Yep. Osage County is a special case; I don't think any of the other tribes retained the mineral rights to their former reservations. You can research Osage Head Rights for more on that.
This isn't McGirt--the Osage Nation retained the complete mineral rights to their former reservation even after the surface rights were broken up and sold off.
Check out Mayflower, AR, they had a major pipeline rupture in 2013, the folks there haven't been too impressed.
I'm not defending windmills, just trying to show that the oil spills have a tremendous impact, and the oil companies have to be pressed hard to make things right.
Similar threads
