New Hampshire Surface Use Agreement Establishing Amounts Lessee Will Pay For Road and Location Damages

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Control #:
US-OG-152
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Description

This is a form of agreement that would be entered into in connection with an oil and gas lease and provides for the sum to be paid for drill site locations and roads.

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FAQ

When the use is changed, the Land Use Change Tax (LUCT) is assessed at the rate of ten percent of the property's market value. The point at which the LUCT must be assessed is controlled by RSA Chapter 79-A, IV (a) and is the date upon which actual construction begins.

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.

1. The land use change tax is ?10% of the full and true value? of the land that no longer qualifies for current use (RSA 79-A:7). The 10% land use change tax is not based upon the amount of taxes saved over the years in which the property was in current use.

Current use is the means for encouraging the preservation of open space and conserving the land, water, forest, agricultural, and wildlife resources. Property owners with 10 or more acres of land, which are left in their natural state may apply.

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.

Current use is the means for encouraging the preservation of open space and conserving the land, water, forest, agricultural, and wildlife resources. Property owners with 10 or more acres of land, which are left in their natural state may apply.

Penalty is assessed when: The land use is physically changed; only the acres changed are assessed. The remainder stays in current use except for roads and utilities to approved developments and land needed to fulfill density requirements for zoning. The size no longer conforms (i.e. less than 10 acres.

Q: Is there a statutory definition of farm? A: Yes, RSA -a defines farm as ?any land, buildings, or structures on or in which agriculture and farming activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land.

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New Hampshire Surface Use Agreement Establishing Amounts Lessee Will Pay For Road and Location Damages