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Ohio 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.

Ohio Surface Use by Lessee and Accommodation With Use of the Surface refers to the rights and regulations surrounding the utilization of the surface of Ohio land by those who lease it. Surface use by lessees in Ohio is governed by specific laws and guidelines to ensure fair and responsible resource extraction practices while accommodating the needs of surface owners. There are different types of Ohio Surface Use by Lessee and Accommodation With Use of the Surface, which include: 1. Oil and Gas Surface Use: This refers to the surface use by lessees for the exploration, extraction, and production of oil and gas resources in Ohio. It involves activities such as drilling wells, installing pipelines, and constructing infrastructure necessary for extraction. 2. Mining Surface Use: This type of surface use involves the extraction of minerals, such as coal or limestone, from Ohio land. It includes activities like open-pit mining, underground mining, and processing facilities, with due consideration given to reclamation and restoration of the land post-mining operations. 3. Timber Harvesting Surface Use: Ohio forests and woodlands are often leased for timber harvesting purposes. Lessees may engage in selective logging, clear-cutting, or sustainable forestry practices, ensuring minimal damage to the surrounding ecosystem and adhering to reforestation plans. In Ohio, the Surface Use by Lessee and Accommodation With Use of the Surface is regulated by a combination of state laws, regulations, and lease agreements that outline the rights and responsibilities of both the lessees and surface owners. These regulations aim to strike a balance between the economic benefits of resource extraction and the preservation of environmental and landowner interests. Surface owners have the right to be compensated for the use of their land and may negotiate specific lease terms pertaining to surface use, damage mitigation, land restoration, and compensation for any disruptions caused by the lessees' activities. The lessees are obligated to carry out operations in a manner that minimizes surface disturbance, utilizes the best environmental practices, and adheres to applicable safety regulations. To ensure compliance with surface use regulations, Ohio has regulatory bodies, such as the Ohio Department of Natural Resources (ODOR), which oversees the issuance of drilling permits and ensures that lessees follow proper procedures. The ODOR may also work with lessees and surface owners to address any concerns or disputes that may arise during the lease term. In conclusion, Ohio Surface Use by Lessee and Accommodation With Use of the Surface encompasses the rights and guidelines governing the utilization of the surface by lessees for various purposes such as oil and gas extraction, mining, and timber harvesting. By facilitating responsible resource extraction practices and addressing the concerns of surface owners, Ohio aims to strike a balance between economic gain and environmental preservation.

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FAQ

Surface Rights in Ohio Surface rights are the rights that grant surface owners rights to the surface area of a property. This surface area includes any farm, garage or surrounding land in a property.

If you have non-producing mineral rights and do not receive a royalty check, the value is difficult to determine. You could expect anywhere from $750/acre to $3,000+/acre depending on your location in the county. If you are currently leased, that will also play a role in how much your mineral rights are worth. Value of Mineral Rights in Harrison County Ohio marcellusmineralowners.com ? value-of-mineral-r... marcellusmineralowners.com ? value-of-mineral-r...

The value of mineral rights per acre differs from state to state. Typically, the price ranges from $100 to $5,000 per acre in several states. The Value of Mineral Rights | DW Energy Group dwenergygroup.com ? the-value-of-mineral... dwenergygroup.com ? the-value-of-mineral...

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.

Similarly, the Ohio Supreme Court found that the Ohio Legislature enacted the Dormant Mineral Act to provide a method to terminate dormant mineral interests and reunify the abandoned mineral interest with the surface interests in order to promote the use of the minerals under the land.

You may have title to mineral rights on a property you own, or they may have been sold or leased by a prior owner, in which case they may not be yours to sell. Real estate law firms can research your chain of title to determine if the mineral rights transferred from owner to owner.

Whether you have an offer on the table or not, you may have good reasons to sell your mineral rights: To pursue other opportunities. If you have a nonproducing property, you might have to wait years for anything to happen ? and nothing may ever happen, even after multiple leases. Should You Sell Your Mineral Rights? - Bessemer Trust bessemertrust.com ? insights ? a-closer-look... bessemertrust.com ? insights ? a-closer-look...

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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 ... (a) A prohibition against the use of the surface of the parcel of land for oil and gas development unless the state agency, in its sole discretion, chooses to ...Jan 8, 2015 — To obtain relief on a claim that the mineral lessee has failed to accommodate an existing use of the surface, the surface owner has the burden ... by MA WENZEL · Cited by 50 — This Comment will analyze the Model Surface Use and Mineral. Development Accommodation Act (Act or Model Act). Part I exam- ines the theory of estate severance, ... (1) Cushions or pads intended solely for outdoor use;. (2) Any article with a smooth surface that contains no more than one-half inch of filling material, if ... Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not “reasonably necessary” to extract the ... Jul 20, 2020 — Landowners have also negotiated non-development oil and gas leases that prevent all surface activities from impacting their property. ... a complete application according to the requirements in the Permit Applicant document. ... Hydraulic Fracturing is a technological process, used in Ohio since ... 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 ... A general survey of the laws across the nation demonstrates that states following the dominant mineral estate/reasonable use doctrines allow for any and all ...

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