Guam Surface Use Agreement (SUA) is a legal document that governs the rights and responsibilities of individuals or organizations seeking to use or occupy land within Guam, a U.S. territory in the western Pacific Ocean. The agreement is designed to ensure proper land management, conservation, and optimal utilization while preserving the natural resources, cultural heritage, and unique island environment. A Guam Surface Use Agreement is usually entered into by the landowner and the occupant or lessee, outlining all terms and conditions pertaining to the use of the land. It grants rights, stipulates limitations, and sets forth obligations associated with the agreed use. The SUA serves as a means to establish clear guidelines and protect the interests of both parties involved, supporting sustainable development and harmonious land use practices. Key elements contained in a Guam Surface Use Agreement may include: 1. Parties Involved: The document identifies the landowner and the party seeking land use, which can be an individual, business entity, or government organization. 2. Description of Land: The agreement provides a detailed description of the land to be used, including boundaries, size, location, and any specific conditions or restrictions. 3. Rights and Privileges: The SUA specifies the rights and privileges granted to the user, which can range from agricultural activities, commercial operations, residential purposes, or other authorized uses. 4. Term and Termination: The duration of the agreement is outlined, specifying the commencement date and the conditions under which it can be terminated, such as breach of contract or expiration of the agreed term. 5. Consideration: The SUA often mentions the compensation, rent, or consideration payable by the occupant to the landowner for the land use. This can be a fixed amount, a percentage of profits, or others mutually agreed upon terms. 6. Maintenance and Improvements: The responsibilities for land maintenance, repairs, and improvements are established, ensuring the property is kept in good condition and that any alterations comply with applicable laws and regulations. 7. Environmental Conservation: Guam Surface Use Agreements may include clauses prioritizing environmental protection, sustainable practices, and adherence to conservation guidelines that safeguard flora, fauna, water resources, or cultural heritage. 8. Dispute Resolution: The agreement may outline a procedure for resolving disputes or conflicts that may arise between the landowner and the occupant, which may involve negotiation, mediation, or arbitration. Different types of Guam Surface Use Agreements may include but are not limited to: 1. Agricultural Use Agreements: These agreements grant rights to individuals or entities for farming or cultivating agricultural crops on the land, subject to specific conditions and best land management practices. 2. Commercial Use Agreements: These agreements allow businesses to utilize land for commercial operations such as resorts, industrial facilities, or other commercial ventures, subject to zoning regulations and sustainability requirements. 3. Residential Use Agreements: These agreements enable individuals or families to lease or occupy land for residential purposes, specifying the duration, rental terms, and conditions for construction or modification. 4. Government Use Agreements: These agreements involve land use by governmental entities for public infrastructure, military installations, public service facilities, or other government-related purposes, often subject to special considerations and legal provisions. Guam Surface Use Agreements play a crucial role in facilitating responsible land use and development, ensuring a balance between economic growth, cultural preservation, and environmental stewardship on the beautiful island of Guam.
Guam Surface Use Agreement
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FAQ
What is the granting clause? The granting clause is the clause under which the owner of the oil and gas rights leases the oil and gas rights to the oil and gas company along with the right to develop the oil and gas on a specifically described piece of real estate.
The surface use agreement will specify what the oil and gas company or operator can do on the landowner's land in developing the oil and gas, where development can take place, and what compensation the landowner will receive.
in clause (or shutin royalty clause) traditionally allows the lessee to maintain the lease by making shutin payments on a well capable of producing oil or gas in paying quantities where the oil or gas cannot be marketed, whether due to a lack of pipeline connection or otherwise.
By way of background, a ?free use? clause is a provision in an oil/gas lease which gives the lessee the right to use gas produced from the leasehold.
Concerning land ownership and property law, subsurface rights can allow a property owner to discover and utilize anything extracted from underneath a property without interference from a second party. Purchasing both rights for a property is possible.
Surface Use Agreements are voluntary agreements that govern the working relationship between a mineral owner or lessee and a surface owner regarding the company's surface activities and the disturbed portion of the land during access roads and well sites construction on the land in question.