Alaska Surface Use by Lessee and Accommodation With Use of the Surface

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US-OG-829
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Alaska Surface Use by Lessee and Accommodation With Use of the Surface: Alaska, known for its vast wilderness and stunning landscapes, has robust regulations in place to manage surface use by lessees in its various natural resource extraction industries. The state ensures that responsible development takes place while protecting the environment and addressing the interests of all stakeholders involved. One type of Alaska Surface Use by Lessee is the Land Lease Agreement. This agreement grants lessees the right to use specific areas of land for resource development activities such as oil and gas exploration, mining, timber harvesting, or commercial agriculture. Lessees are required to adhere to state and federal regulations regarding the use of this land. To ensure accommodation with the use of the surface, Alaska has implemented several measures. These measures aim to strike a balance between the lessee's development needs and the protection of the surface owner's interests. One such measure is the requirement of advanced notice. Lessees are required to provide advance notice to surface owners before commencing any surface-disturbing activities. Another accommodation measure is the development of Surface Use Plans (Sups). Sups serve as a blueprint for the lessee's activities on the surface. They detail the timing, location, and methods to be employed for exploration or extraction operations. These plans are developed in collaboration with the surface owner and are subject to approval by the state regulatory agencies. In cases where surface owners are directly affected by the lessee's activities, compensation may be granted as an accommodation measure. Compensation can be in various forms, such as financial compensation for damages caused or replacement of lost resources. This ensures that surface owners receive fair treatment for any negative impacts resulting from lessee activities. Moreover, mitigation measures are commonly employed to minimize adverse effects on the surface. For example, reclamation and restoration programs ensure that disturbed areas are rehabilitated after extraction operations are completed. This helps to restore the land's functionality, reduce erosion, and promote the growth of native vegetation. Public involvement is crucial in the process of Alaska Surface Use by Lessee and Accommodation With Use of the Surface. Opportunities for public comment, hearings, and participation are offered to ensure transparency and give all stakeholders a voice in decision-making processes. In summary, Alaska's robust regulations governing surface use by lessees and the accommodation with use of the surface aim to ensure responsible development while addressing the interests of all parties involved. Measures such as advanced notice, Surface Use Plans, compensation, mitigation, and public involvement play critical roles in striking a balance between resource extraction activities and the protection of the environment and surface owners' rights.

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FAQ

Under United States common law, the subsurface estate is the dominant estate. The Alaska Statehood Act granted the state 104 million acres to manage as an economic base.

Most likely, if you own land in Alaska, the state of Alaska owns what lies beneath. These ?subsurface rights? are dominant over your rights as a surface landowner and you cannot deny reasonable access to the state's resources, which could include anything from precious metals to oil and gas.

Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not ?reasonably necessary? to extract the oil or gas. Haupt Inc. v. Tarrant County Water, 870 S.W.

The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.

Surface rights in Pennsylvania These rights in Pennsylvania are those licenses to the surface interest of any property. This right covers the structure, farmland, or any above ground minerals like water bodies, trees and plants. This right was set ing to Pennsylvania ordinances and local laws.

Alaska. Doyon Limited is the largest private landowner in Alaska and North America. Doyon Limited has a land entitlement of 12.5 million acres. In Alaska, Doyon's land stretches from the Alaska-Canada border almost to the Norton Sound in the west.

The Alaska Constitution is clear: Natural resources belong to the state. The Alaska Statehood Act, the law of the U.S. government, is clear: natural resources belong to Alaska.

In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.

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by KP Jones · Cited by 3 — The accommodation doctrine is now the rule in most states that have considered ... mineral lessee or mineral claimant has the right to use the surface in such. Most privately owned lands in Alaska are subject to split estate laws. This ... A Surface Use Agree- ment, or SUA, is a con- tract between a surface owner ...Historically, the mineral owner generally had a broad and expansive right to use the surface in any manner reasonably necessary for extraction of the minerals. Sep 25, 2001 — ... in writing and will be complete if given as set out above. 29. Penalty ... used by the Lessee for the purpose specified in the lease for a ... ... in Alaska, where units shall be not more than 5,760 acres. Such units shall be ... (c) Surface Owner Protection.-- (1) Post-lease surface use agreement.-- (A) ... Oct 7, 2016 — The lessee shall use and occupy the leasehold in compliance with the approved development plan and all applicable laws, regulations, ordinances, ... Timber from land open to mining without lease, except timberland, may be used by a mining claimant or prospecting site locator for the mining or development of ... Leases issued for unsold school land must include a provision requiring the compensation for damages from the use of the surface in prospecting for, exploring, ... ... complete enjoyment of the property and rights hereby expressly reserved." 3 AS 38.05.255 provides in part: Surface uses of land or water included within ... ... accommodation doctrine and the analysis found in Getty: The reasonableness of a surface use by the lessee is to be determined by a consideration of ...

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Alaska Surface Use by Lessee and Accommodation With Use of the Surface