This form is used when Surface Owner is the owner of the surface of the lands that are the subject of the Lease and Lessee has agreed to pay and Surface Owner has agreed to accept the amount listed in the agreement as payment for damages, if any, that may occur in connection with Lessee's operations on the Lands under the terms of the Lease.
Arkansas Surface Damage Agreement Between Surface Owner and Lessee
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State:
Multi-State
Control #:
US-OG-253
Format:
Word;
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The Oklahoma Surface Damage Act guides interactions and negotiations between land surface owners and the oil companies and others who have the mineral rights. In the state, and elsewhere throughout the U.S., the owners of land parcels do not always also have ownership of what may lay below the surface.
The amount that a spouse gets under dower and curtesy depends on whether they have children. The surviving spouse is entitled to one third of the dead spouse's real property. If there are no children, the surviving spouse is entitled to half.
In the State of Arkansas when a person sells a piece of property the mineral rights automatically transfer with the surface rights, unless otherwise stated in the deed.
The rule followed is generally known as the Strohacker Doctrine, named for the case of Missouri Pacific Railroad Co. v. Strohacker,s in which the Arkansas Supreme Court affirmed a chan- cery court decision that reservations of "coal and mineral deposits" in 1892 and 1893 deeds did not reserve the oil and gas.
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by GA Perkins · 2006 — liable to the surface owner for surface damages unless the mineral owner / lessee is negligent or has exceeded the reasonably necessary use of the surface. by GA Perkins · Cited by 4 — not create a liability, and a lessee will only be liable to the surface owner for damages when the lessee's use of the surface is unreasonable. Here ...The Commission cannot negotiate contracts, lease agreements or surface damages for a mineral or surface owner. With regard to legal questions concerning ... by SW Wright · 1987 · Cited by 7 — ' 9 The amendment requires a surface owner seeking damages through the proof of financial responsibility to file a claim within one year of the date of issuance ... by CA Morgan · Cited by 2 — Lessee shall not be obligated to compensate the surface owner or tenant for any damage or injury to improvements, fences, crops, or livestock, which are ... Jul 10, 2015 — The Commission cannot negotiate contracts, lease agreements or surface damages for amineral or surface owner. With regard to legal questions ... by TK Righetti · 2019 · Cited by 17 — This article examines the surface damage agreement as an instrument of private governance. Part I describes split-estate ownership of oil and ... In the event that the Commission and the applicant mineral resources owner/lessee cannot negotiate a surface use agreement sufficient to protect the land and. Arkansas's Congress has yet to adopt such laws. Arkansas law does not provide surface owners with the right to monetary damages or the repair of surface area ... WHEREAS, Lessee and Owner have agreed upon the terms and conditions by which. Lessee.may enter upon and use certain portions ofthe Property for oil and gas ...
