Montana Surface Use Agreement

State:
Multi-State
Control #:
US-OG-1159
Format:
Word; 
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This form is a surface use agreement.

Montana Surface Use Agreement: A Comprehensive Overview A Montana Surface Use Agreement refers to a legal contract or agreement between the owner of subsurface mineral rights and the surface landowner in the state of Montana, United States. This agreement aims to establish the terms, conditions, and considerations for utilizing the surface land to conduct various activities related to oil, gas, or mineral extraction. The primary purpose of a Montana Surface Use Agreement is to create a framework that ensures responsible development of subsurface minerals while also protecting the rights and interests of surface landowners. It serves as a crucial document that outlines the rights, obligations, and compensation arrangements between both parties. Key Elements of a Montana Surface Use Agreement: 1. Scope of Activities: The agreement precisely defines the scope of activities that will be conducted on the surface land, including exploration, drilling, extraction, transportation, and reclamation. 2. Environmental Protection: It outlines necessary measures and safeguards required to preserve the environment, water bodies, wildlife, and vegetation during the extraction process. Compliance with state and federal environmental regulations is crucial. 3. Access and Easements: The agreement addresses the right of access and establishes easements, specifying the routes used for transportation, pipelines, roads, power lines, or any infrastructure necessary for the operations. 4. Compensation and Royalties: The agreement specifies the compensation or royalty payments that surface landowners will receive in exchange for the use of their land. The terms may include upfront payments, annual payments, or a percentage of revenues generated. 5. Surface Damage Mitigation: It outlines requirements and standards for minimizing the impact on surface land, including reclamation or restoration of the land once the extraction activities have ceased. Types of Montana Surface Use Agreements: 1. Oil and Gas Surface Use Agreement: This contract focuses on the exploration and production of oil and gas resources within the state of Montana. It addresses specific concerns related to drilling, well pads, pipelines, and related infrastructure. 2. Mineral Surface Use Agreement: This agreement pertains to non-oil and gas minerals such as coal, gold, silver, copper, or other valuable minerals found in Montana. It defines the terms for mining, excavation, access rights, and environmental protection. 3. Wind Energy Surface Use Agreement: With the increasing interest in renewable energy, this agreement deals with the use of surface land for wind energy projects, including the installation and operation of wind turbines, infrastructure, and associated facilities. In conclusion, a Montana Surface Use Agreement is a crucial legal instrument that balances the rights of surface landowners with subsurface mineral rights holders. Its purpose is to regulate and oversee the extraction activities while safeguarding the environment and providing fair compensation. Understanding the different types of agreements ensures appropriate and tailored agreements for specific types of resource exploitation.

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County Forms The General Mineral Deed in Montana transfers oil, gas, and mineral rights from the grantor to the grantee. THIS IS NOT A LEASE. There are no Exceptions or Reservations included. The transfer includes the oil, gas and other minerals of every kind and nature.

A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.

Surprisingly, these materials may or may not belong to the surface owner. Millions of acres of private land in the Montana/Dakotas region involve a split estate; where the surface ownership is private but the mineral rights are retained by the federal government or other entities.

A surface use agreement is a legal document that outlines the specific terms and conditions of the lease. It protects both the company and the landowners by detailing things like compensation, environmental regulations, and safety measures.

A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.

Surface Right means the right in rem of an individual or a legal entity, which is established for a time period of up to 99 years, to construct a building within public property and to exercise on such building the powers captured by the right of ownership, in ance with Articles 18 to 26 of Law 3986/2011, as in ...

Surface Lease means a lease, easement, or other agreement providing the holder with the right to enter the surface of any land for the purpose of constructing and operating a well, facility, flowline, roadway, or power line; Sample 1.

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The intent is to cover all substances subject to severance from the surface and development the way traditional minerals are developed. Sand and gravel are  ... * Obtain a written surface use agreement with the surface owner. * Obtain a written waiver for access to the land from the surface owner. * Agree to pay for ...– Surface owner protection is not required on private minerals in. Montana. Surface Use Agreements. • No need to worry about the rest of the terms of the lease. OFFER TO ACQUIRE AN OIL AND GAS LEASE​​ In this scenario, the landman will probably have a written letter offer and a draft of a legal document called an Oil and ... Feb 24, 2022 — Include mutual accommodations doctrine language in the surface use agreement to allow mineral development while also allowing the surface owner ... An oil and gas lease is a contract that gives another party an interest in your mineral property. Oil and gas companies use leases to acquire acreage on which ... no drilling may occur until a surface use agreement is reached or a petition is made to the court ... the surface owner may file a complaint with the appropriate ... Mineral owners must negotiate a written contract with the surface owner for the payment of any damages that may be caused by a drilling operation. This  ... by KP Jones · Cited by 3 — Instead, a complete review of the county records should also be conducted. In ... looking surface use agreement with the surface owner. As exploration and. by T Righetti · 2018 · Cited by 17 — The resulting agreements fill in the gaps and complement public governance ... As a result, the surface use agreement can be an effective ...

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Montana Surface Use Agreement