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
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Multi-State
Control #:
US-OG-829
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Word;
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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.