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

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US-OG-829
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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.

Georgia Surface Use by Lessee refers to the legal rights and permissions granted to a lessee (a person or entity who has leased or rented land) in Georgia, specifically in regard to the use of the surface of the land. This concept is crucial in the context of property law, particularly for mining and oil and gas exploration activities. There are several types of Georgia Surface Use by Lessee and Accommodation With Use of the Surface, each with their own specific regulations and considerations. Some notable types include: 1. Mineral Leases: When a lessee intends to extract minerals from the land, such as coal, oil, gas, or other valuable minerals, a mineral lease is typically established. The lessee must adhere to the terms and conditions outlined in the lease agreement, including the surface use provisions. 2. Surface Equipment and Infrastructure: Lessees may need to install and maintain surface equipment and infrastructure necessary for their operations, such as drilling rigs, pipelines, power lines, and access roads. Proper accommodation with the use of the surface is crucial to ensure minimal environmental disturbance and protection of surrounding landowners. 3. Surface Damage Compensation: In some cases, lessees may cause temporary or permanent damage to the surface of the land during their activities. Surface damage compensation provisions ensure that the lessee compensates the landowner for any harm caused, such as loss of agricultural productivity or disruption of water resources. 4. Surface Restoration and Reclamation: After the completion of mining or extraction activities, lessees are often required to restore and reclaim the surface of the land, bringing it back to its original condition or equivalent usefulness. This includes filling in excavations, reseeding vegetation, and controlling erosion. 5. Right of Access: Lessees must also have appropriate access to the leased land to carry out their activities effectively. This may involve constructing private roads or utilizing existing public roads, subject to any necessary permits or agreements with local authorities. When engaging in Georgia Surface Use by Lessee and Accommodation With Use of the Surface, it is crucial for both the lessee and the landowner to have a clear understanding of the rights, responsibilities, and obligations outlined in the lease agreement. Adherence to the specific terms and conditions, as well as compliance with applicable laws and regulations, is essential to maintain a mutually beneficial relationship between the lessee and the landowner.

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FAQ

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.

As in Texas, operators in New Mexico are also subject to the common law Doctrine of Accommodation. The New Mexico Supreme Court adopted a rule similar to Texas' Accommodation Doctrine, which interpreted the rule to mean that the rights held by a mineral lessee create an implied easement by necessity.

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.

SOPA creates an obligation to pay damages where oil and gas operations result in any loss of: land value; agricultural production or income; use; access; or improvements.

BUREAU OF LAND MANAGEMENT: The BLM New Mexico Field Office maintains information on mineral rights and has a public information room at 301 Dinosaur Trail, Santa Fe, NM 87508, (505) 954-2000, where that information can be researched.

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.

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