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Montana 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.

Montana Surface Use by Lessee and Accommodation With Use of the Surface refers to the legal framework that governs the rights and responsibilities of lessees (oil and gas companies) and surface owners in Montana, United States. This regulation is essential to ensure fair and equitable use of the land during exploration and production activities. In Montana, there are two primary types of surface use provisions for lessees: 1. Surface Use Agreement: This agreement is a contractual arrangement between the lessee and the surface owner, ensuring the fair use of the surface for oil and gas operations. The agreement covers various aspects, such as access, road construction, pipeline installation, surface restoration, and compensation for any damages caused. It outlines the rights, obligations, and liabilities of both parties, aiming to establish a mutually beneficial relationship. 2. Statutory Surface Use Provisions: In the absence of a Surface Use Agreement, Montana law provides certain statutory provisions to protect the rights of surface owners. These provisions ensure that the lessee accommodates the surface owner's reasonable use of the land to the maximum extent possible while extracting oil and gas resources. It ensures that the surface owner is compensated for any damages or disturbances caused by the lessee's activities. The key keywords to consider in the content are: — Montana SurfacUselessnessse— - Accommodation With Use of the Surface — Surface UsAgreementen— - Statutory Surface Use Provisions — Oil and Gas Operation— - Access - Road Construction — PipelinInstallationio— - Surface Restoration — Compensat—on - Rights Obligategati—n— - Surface Owner — Les—ee - Dist urbanisturban—e— - Environmental Protection — Fair Use of Land It is important for both parties, lessees and surface owners, to understand and abide by these regulations to ensure a harmonious coexistence and minimize any adverse impacts on the land. The Montana Surface Use by Lessee and Accommodation With Use of the Surface provisions aim to strike a balance between resource development and the protection of surface owners' rights and interests.

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FAQ

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 rights and mineral rights are two distinct types of property rights. Surface rights refer to the right to own and use the surface of a piece of land, while mineral rights refer to the right to extract minerals and other resources that are found beneath the surface.

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.

What is the difference between subsurface and surface rights? Subsurface rights refer to the minerals, oil, and gas beneath the surface of the land. Surface rights refer to the right to use and occupy the surface of the land. The surface estate owner may or may not also own the subsurface estate.

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 Texas, the mineral estate is considered separate and distinct from the surface estate. This means that the mineral estate can be bought and sold separately from the surface estate. The mineral estate owner has exclusive rights to any and all minerals located beneath the land's surface.

Surface rights refer to the legal rights and privileges associated with the use, control, and ownership of the surface of a piece of land or property. These rights typically include the ability to occupy, build, develop, and make use of the land's surface for various purposes.

In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.

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The accommodation doctrine is a specific application of the reasonable use aspect of the surface and use access easement recognized in Section 3. The definition ... Greg Petesch, Chief Legislative Attorney, addressed the "accommodation doctrine" and Model Surface Use and Mineral Development Accommodation Act. Mr ...by JS Lowe · 1993 — The mineral owner or lessee's use of the surface must be (a) reasonable, (b) in accord with the accommodation doctrine, and (c) for the benefit of the mineral ... by KP Jones · Cited by 3 — (4) The lessee must show that any alternative use by it of the surface, other than its proposed use, is impracticable and unreasonable under the circumstances. by CM Alspach · Cited by 40 — lessee.' In so holding, the court assigned the surface owner a right "to an accommodation between the two estates."37. Surface damages legislation restores the balance between landowners and the oil and gas industry – and doesn't curtail production or jobs. (13) "Lease" means a lease or land use license, other than a recreational ... use of the surface of the land. The term does not include a mineral lease ... by T Righetti · 2018 · Cited by 17 — owners customarily impose conditions on surface use as part of the oil and gas lease or as a concurrently executed surface use agreement.95 ... Historically, the mineral owner generally had a broad and expansive right to use the surface in any manner reasonably necessary for extraction of the minerals. Feb 24, 2022 — The purpose of these guidelines is to provide helpful tips to landowners who are negotiating mineral leases or surface use agreements.

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