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

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Multi-State
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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.

Kansas Surface Use by Lessee refers to the use of surface land by a lessee, who holds the rights to explore and extract minerals or resources from the land. It involves the accommodation of the lessee's activities while also ensuring the protection of the surface land and the rights of the surface owner. There are different types of Kansas Surface Use by Lessee and Accommodation With Use of the Surface, including: 1. Conservation Measures: The lessee is required to implement conservation practices minimizing the impact on the surface land. This may involve reclamation and restoration efforts once the mining or extraction activities are completed. 2. Surface Owner Compensation: The lessee is usually obligated to provide compensation to the surface owner for any damages caused by the mining or extraction activities. This compensation can be in the form of monetary payments or alternative arrangements agreed upon by both parties. 3. Negotiation of Surface Use Agreements: Prior to commencing any activities, the lessee and the surface owner negotiate and enter into a surface use agreement. This agreement outlines the terms and conditions for the use of the surface land and establishes the rights and responsibilities of both parties. 4. Surface Use Restrictions: Certain restrictions may be imposed on the lessee to protect the surface land. This can include limitations on the time and methods of operation, control of noise and dust emissions, and adherence to specific environmental regulations. 5. Surface Damage Mitigation: The lessee is responsible for minimizing and mitigating any surface damage caused by their activities. This can involve implementing appropriate engineering controls, using advanced technologies, and employing best practices minimizing disruptions to the surface land. 6. Access and Easement Rights: The lessee is granted reasonable access rights to the surface land for the purpose of conducting their operations. This may involve the establishment of easements and access agreements to ensure the lessee can efficiently carry out their activities. 7. Surface Owner Input: The surface owner is typically afforded the opportunity to provide input and voice concerns related to the lessee's activities. This can involve participating in decision-making processes and being kept informed about the progress and impacts of the operations. Keywords: Kansas Surface Use by Lessee, Surface Owner Accommodation, Surface Use Agreement, Conservation Measures, Surface Owner Compensation, Surface Damage Mitigation, Access and Easement Rights, Surface Owner Input.

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FAQ

Leasing and Development of Split Estate When the surface rights to a piece of land and the subsurface rights (such as the rights to develop minerals) are owned by different parties, the mineral rights often take precedence over other rights.

Reasonable Accommodation Doctrine Disputes in Colorado This doctrine directs the operator to carry out operations to accommodate the surface owner by minimizing intrusion upon and damage to the surface of the land, including the use of alternative well locations or alternative operations.

What Are Mineral Rights and Who Has Them? Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.

In Kansas, the landowner usually owns the subsurface rights, but sometimes these rights have been severed, or separated from the surface ownership. Severance of mineral rights occurs when the owner of both the surface and mineral rights sells or grants by deed the mineral rights underlying their property.

Negotiation Tips for Mineral Owners As a mineral owner, deciding how to get the most value for your mineral rights can be stressful. ... Don't Prioritize Deadlines. Don't Jump at the Sight of a Lease Offer. Lease bonus payment and royalty percentages are NOT the only two things that matter.

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.

In order to apply the Accommodation Doctrine, the surface owner must prove that the groundwater owner's use of the surface precludes or substantially impairs the existing use; that the surface owner has no available, reasonable alternative to continue existing use; and that the groundwater owner has reasonable, ...

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Oct 13, 1988 — Right to Use Surface Estate to Develop Mineral Estate. 1. If a mineral deed, or oil and gas lease, merely grants the right to develop oil ... by DR Green · 2013 · Cited by 7 — This Comment assumes that the wind farm operator has a lease with the surface owner to operate the wind farm, that the oil and gas producer is ...by DE Pierce · Cited by 4 — landowner's solution to any desired surface use is to make the lessee engage in ... The oil and gas lease in Kansas is a collection of express easements combined ... This publication will explain the taxable, nontaxable, and exempt labor services using common industry examples. SALES TAX STRUCTURE. The Kansas statewide sales ... apply for a permit to appropriate water to a beneficial use, notwithstanding that the application ... use of not more than 15 acre feet of surface water impounded ... This booklet is designed to help businesses properly use Kansas sales and use tax exemption certificates as buyers and as sellers. It explains the. Add the Surface Use by Lessee and Accommodation With Use of the Surface for editing. Click the New Document button above, then drag and drop the sample to the ... Dec 27, 2021 — (a) Each person proposing to lease water from a water bank shall complete an application for a contract to lease water on a form prescribed ... Find Hays Surface Use Agreement lawyers in Kansas to hire. No cost to post a project to get multiple bids in hours to compare before hiring. Any areas to be used by aircraft under its own power shall be provided with a dustless surface. D. Fencing. Access to areas used by aircraft in motion shall be ...

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