surface rights law questions

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ARnut

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My family has 40 acres about by Watonga. 11 acres of clear land and the rest is wooded. I believe we only own the surface rights to it. We got a letter today that they want to do a seismic survey on it. They offered us 750 dollars for the access. First question is do we have to let them do it at some point if the mineral rights owner agrees ? how much damage can we expect from it ? thanks ahead of time for your time.
 

farmerbyron

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Take the money and blow it on a gun. Not enough damage to worry about unless it is pretty wet. They will only be on the open area and be in and out in a day. Been a year or two since they were through here and I think I got $1500 for 250 ac.
 

dennishoddy

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If you are not the mineral rights owner you only get surface damages.
You need to review the contract to make sure they fix all ruts, open and shut gates to prevent livestock loss, repair any environmental damage areas like the vibrosize truck blowing a line, food plot/crop damage, etc.
Do Not accept the "this is what your neighbor got thing.
The neighbor might be a stakeholder with mineral rights that will generally take less for surface damages.
 

t_rae

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If you are not the mineral rights owner you only get surface damages.
You need to review the contract to make sure they fix all ruts, open and shut gates to prevent livestock loss, repair any environmental damage areas like the vibrosize truck blowing a line, food plot/crop damage, etc.
Do Not accept the "this is what your neighbor got thing.
The neighbor might be a stakeholder with mineral rights that will generally take less for surface damages.

I deal with this some in Texas for pipeline. Under O&G law the surface owners rights are subservient to the mineral owners, but that does not mean you have no right in dictating how they perform work on your property and they do not have an easement. Make sure you are comfortable with the terms and damage mitigation. Not all seismic survey are oil and gas related. If you refuse access they can get a temporary restraining order to perform the work then you lose some negotiation power and it will only delay the inevitable if it's associated with resources (I.e. Oil, gas, or water). Send me a message if have more questions and I will talk to one of the right of way folks I work with that deals with Oklahoma.
 

tntrex

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I know this bs all too well. Sadly they will do it regardless. The mineral owner who does not pay a Gawd damn cent on tax of the property has more say than you do on your own property and only you pay taxes.! Its a mfing scam. Our laws are crooked on this subject as -ok I'm gonna stop.
Take the money op
 

dennishoddy

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I deal with this some in Texas for pipeline. Under O&G law the surface owners rights are subservient to the mineral owners, but that does not mean you have no right in dictating how they perform work on your property and they do not have an easement. Make sure you are comfortable with the terms and damage mitigation. Not all seismic survey are oil and gas related. If you refuse access they can get a temporary restraining order to perform the work then you lose some negotiation power and it will only delay the inevitable if it's associated with resources (I.e. Oil, gas, or water). Send me a message if have more questions and I will talk to one of the right of way folks I work with that deals with Oklahoma.

I don't know about Tx but I just spent three hours on Friday with an oil company land man and their attorneys with our attorney in regards to surface damages on our gun range.
As a land owner that has had seismograph units on my land, I'm not speaking from inexperience.

I'll repeat this. Do not accept the "This is what your neighbor got" as a final offer.
 

EhlerDave

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We had them come through here a couple years ago. All went well right to the point the guys on 4 wheelers cut my fence, that did not sit well with me and I "staked a claim" on a pair of some nice looking Honda's. I told the crew I was keeping them until my goats and sheep were put back on my pasture and the fence was repaired. It was fixed rather quickly, as soon as I found a person who spoke English.
 

DeeJay

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I had the ground thumpers come through several years ago. They paid me and I let then do it. No damage other than tire tracks, no ruts. No problem.
However, I had a crappy gate. Not really a gate, just some wire strung across an opening in the fence. They said they would install a proper gate as part of the deal. Heads up. Whatever you agree to, GET IT IN WRITING. Guess who did not get a gate installed.
 

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