North Dakota Surface Use Agreement

State:
Multi-State
Control #:
US-OG-1159
Format:
Word; 
Rich Text
Instant download

Description

This form is a surface use agreement.

A North Dakota Surface Use Agreement is a legally binding contract between a surface owner and an oil or gas developer that establishes the terms and conditions for the exploration and extraction of minerals from the surface owner's property in North Dakota. This agreement ensures that both parties understand and agree on how the land will be used, protected, and compensated throughout the extraction process. The North Dakota Surface Use Agreement outlines the rights and responsibilities of the surface owner and the developer, facilitating the efficient utilization of natural resources while safeguarding the interests of all parties involved. It encompasses key aspects such as the duration of the agreement, the extent of the surface area affected, the specific activities permitted, environmental protection measures, financial compensation, and dispute resolution methods. Different types of North Dakota Surface Use Agreements may vary depending on factors such as the scope of exploration or extraction activities, the duration of the agreement, and the specific terms negotiated. Some common variations include: 1. Exploration Surface Use Agreement: This type of agreement allows the developer to conduct exploration activities, such as seismic testing or core drilling, to evaluate the potential for oil or gas reserves on the surface owner's property. It typically covers a limited timeframe and provides specific guidelines for the conduct of exploration activities and environmental protection measures during this phase. 2. Production Surface Use Agreement: Once exploration confirms the presence of economically viable reserves, a production surface use agreement is initiated. This agreement outlines the terms and conditions for the extraction and production operations, including drilling, well construction, production facilities, equipment placement, and access rights. It may also address issues such as noise and dust mitigation, reclamation, and surface restoration requirements. 3. Pipeline Surface Use Agreement: In cases where pipelines are required to transport extracted oil or gas to market, a separate agreement may be established. A pipeline surface use agreement defines the terms for the construction, operation, and maintenance of pipelines on the surface owner's property, including the location, compensation, liability, and access rights associated with the pipeline infrastructure. 4. Renewal or Amendment Agreements: Over time, circumstances may change, requiring modifications to the existing surface use agreement. These agreements allow for the renegotiation of terms related to extension, termination, compensation adjustments, surface restoration, or the addition of new conditions to reflect evolving environmental regulations or industry practices. It is crucial for both surface owners and developers to engage in thorough discussions and negotiations when entering into North Dakota Surface Use Agreements to ensure fair and equitable terms, protect environmental resources, and preserve the rights and interests of all parties involved.

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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 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 ...

A mineral rights owner does not necessarily have to own the land property itself but must have a legal agreement with the property owner. In North Dakota, mineral rights can be transferred in three ways: deed, probate or court action.

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.

To estimate mineral rights value in North Dakota you need to multiple your total lease bonus by 2x to 3x. Generally speaking the mineral rights value in North Dakota for leased mineral rights will be between 2x to 3x the lease bonus.

Waive your rights to surface rights under a mineral lease with this Waiver of Surface Rights form for Texas lands. Surface rights include all rights of ingress and egress, and the right to enter the property for purposes of exploring, developing and extracting oil, gas and/or minerals from the property.

Mineral interests last indefinitely as long as they are not abandoned. Minerals are considered abandoned when they have not been used or claimed for twenty or more years. Minerals are ?used? when some type of activity such as production, leasing, or conveying occurs under North Dakota law.

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.

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Revegetation: All disturbed soil surfaces resulting from construction, maintenance, or reclamation of the herein authorized pipeline, shall be revegetated with ... Forms and Policies · Current Sample Oil and Gas Lease - subject to Article 85-06 of the North Dakota Administrative Rules effective January 1, 2020 · Board ...May 8, 2019 — A Surface Use Agreement (SUA) is a contract between a surface owner and the lessee to an oil and gas lease. Learn how to negotiate a Surface ... Feb 23, 2016 — Many of the thoughts today are based on a review of North. Dakota statutes & regulations, as well as surface use ... The surface-use agreement ... The following the steps and links will help you to fill out the proper forms, attach the proper files and consult the appropriate regulations and Conditions of ... If you own only the surface estate of your land, the landman is probably trying to negotiate the terms of a “Surface Use Agreement” with you, by which the oil ... The North Dakota Supreme Court recently stated both: The above cases ... or mineral developer and surface owner may come to an agreement on how to carry out. Jul 29, 2010 — This form as well as information disclosing the plan of operations contemplated by the mineral developer are intended to assist you in ... Aug 29, 2010 — Should production be initiated and the agreement is now binding for as long as production occurs, the mineral owner is paid a royalty, often ... The rate of interest awarded must be the prime rate charged by the Bank of North Dakota on the date of the judgment. 38-11.2-07. Protection of surface and ...

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North Dakota Surface Use Agreement