New Mexico Surface Use Compensation Agreement

State:
Multi-State
Control #:
US-OG-146
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Word; 
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Description

This Agreement contemplates the lessor in an oil and gas lease is also the surface owner. It provides for the lessee to pay specific sums for each enumerated activity the lessee conducts on the land covered by the oil and gas lease and this Agreement.

The New Mexico Surface Use Compensation Agreement is a legal document that governs the compensation granted to landowners or surface rights holders for the use of their land by oil, gas, or mineral extraction companies in the state of New Mexico. This agreement ensures fair and reasonable compensation to the surface rights' holder for any disturbances caused by the extraction activities and the potential impact on the land. The Surface Use Compensation Agreement in New Mexico establishes the terms and conditions under which the extraction companies can access and use the surface of the land for drilling, exploration, well development, and associated activities. This agreement clarifies the responsibilities of both parties regarding land usage, environmental protections, reclamation, and financial compensation. There are several types of New Mexico Surface Use Compensation Agreements, each catering to specific circumstances and needs. These include: 1. Standard Surface Use Compensation Agreement: This is the most commonly used agreement where compensation is negotiated based on fair market value, taking into account the size, location, and condition of the affected land. Payment terms and schedules are defined, ensuring the landowner receives proper compensation for the disturbance caused. 2. Damage and Restoration Agreement: This agreement focuses on compensating landowners for any damages caused by the extraction activities. In addition to financial compensation, it also outlines the responsibilities of the extraction company for restoring the land to its pre-activity condition after the project is completed. 3. Surface Lease Agreement: This type of agreement is more comprehensive and encompasses both surface and subsurface rights. It grants the extraction company not only the rights to use the surface but also access, develop, and produce minerals or resources beneath the land. Financial compensation is typically negotiated based on lease terms, royalties, or other mutually agreed-upon arrangements. 4. Right-of-Way Agreement: This agreement specifically pertains to granting the extraction company the right to construct and maintain pipelines, access roads, or other necessary infrastructure across or beneath the land. Compensation is often determined based on the size and duration of the right-of-way, with provisions for land restoration after pipeline construction. Regardless of the specific type of agreement, the New Mexico Surface Use Compensation Agreement serves as a legally binding contract to protect the rights and interests of landowners while allowing responsible resource extraction. It ensures that compensation is provided, environmental impacts are minimized, and the affected land is appropriately restored.

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FAQ

Subsurface rights means the rights to all minerals, mineral fuels, and other resources, including, but not limited to, oil, gas, coal, oil shale, uranium, metals, and phosphate, whether or not they are mixed with any other substance found or located beneath the surface of the earth.

Subsurface rights usually include the right to oil, minerals and even water that's found beneath the land's surface.

To transfer any rights to minerals successfully, follow these steps: The new owner has to acquire a copy of the deed for the site at a local courthouse in New Mexico. Review the deed to ensure it matches the description and to ensure that the so-called rights to any minerals are included in the property deed.

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.

SOPA creates an obligation to pay damages where oil and gas operations result in any loss of: land value; agricultural production or income; use; access; or improvements.

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.

Subsurface means in a well, or below the surface of the ground. Seismic surveys are used to find subsurface rock structures that may contain hydrocarbons. Directional wells can be used to drill multiple wells from a common drilling pad or to reach a subsurface location beneath land where drilling cannot be done.

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.

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(1) accept the proposed surface use and compensation agreement within twenty days; or. (2) reject the proposed surface use and compensation agreement ... Jul 20, 2023 — A contract to protect your surface should be agreed upon with the mineral owner during the actual oil and gas lease negotiations. Assuming that ...A proposed surface use and compensation agreement that must include provisions covering the following topics: a. placement, specifications, maintenance, and ... 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 ... The surface owner is entitled to reasonable compensation from the company for damages to growing crops, trees, shrubs, fences, roads, structures, improvements ... In New Mexico, a first step in enhancing our public input process would require posting spill, inspection and abatement reports on state websites and ... A surface use agreement is a legal document that outlines the specific terms and conditions of the lease. Jan 20, 2015 — Here are some ideas to keep in mind when seeking a Surface Use Agreement. * Look for lease provisions. If there are already existing provisions ... What form is required when submitting a record title assignment? Oct 21, 2020 — Severance Tax Forms and Documents ; RPD-41038 Application for Registration of Coal Contracts, Open File ; RPD-41086-A Report of Severance Tax - ...

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New Mexico Surface Use Compensation Agreement