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Oklahoma 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.

Oklahoma Surface Use by Lessee and Accommodation With Use of the Surface, also known as surface rights, refers to the legal framework governing the use of land by leaseholders in Oklahoma for the exploration and extraction of natural resources, particularly in the oil and gas industry. These regulations ensure that leaseholders respect the rights of surface owners and minimize any potential damage caused during drilling operations. In Oklahoma, there are various types of surface use agreements that aim to strike a balance between the lessee's operations and the surface owner's interests. These agreements include: 1. Surface Use Agreement: This is a contract between the lessee and the surface owner, outlining the terms and conditions for the utilization of the land. It typically covers aspects such as compensation, access routes, disturbance limitations, and reclamation requirements. 2. Accommodation Agreement: When oil and gas activities interfere with existing land use, an accommodation agreement may be implemented. This agreement ensures that the surface owner can continue their activities while accommodating the lessee's operations. It addresses issues such as access restrictions, traffic management, and restoration practices. 3. Surface Damage Agreement: This specific agreement focuses on addressing surface damages caused by drilling operations. It outlines the lessee's responsibilities regarding damage mitigation, reclamation, and financial compensation for any harm done to surface owner's property. 4. Surface Use Notification: Lessees in Oklahoma are required to notify surface owners before initiating any operations on their land. This notification allows the surface owner to be aware of the activities taking place and plan accordingly. It also helps both parties establish open lines of communication and resolve any potential conflicts that may arise. When it comes to surface use in Oklahoma, specific keywords can be included to enhance the relevance of the content. Some relevant keywords could be: — Surface rightOklahomaom— - Surface owner's rights — Oil and gas surface us— - Drilling operations in Oklahoma — Surface damagmitigationio— - Surface owner compensation — Oklahoma accommodation agreement— - Surface use notification requirements — Oklahoma reclamation practices Remember to tailor the content to the intended audience, whether it's landowners, leaseholders, or individuals seeking information about surface use in Oklahoma.

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FAQ

"Accommodation" and "accommodation doctrine" mean the exercise of mineral development rights with due regard for the rights of the surface owner as to surface use and improvements, if technologically sound and economically practicable alternative methods of mineral development exist.

In Oklahoma, there are two major categories of land rights: surface rights and mineral rights. Surface rights are rights attached to the surface of the land. With surface rights, you have access to and the ability to build or otherwise use the surface of the land. Mineral rights are sub-surface rights.

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 interest refers to the ownership rights of the surface of a property, excluding any mineral rights. The owner of the surface interest has the right to use and enjoy the surface of the property, but must allow the owner of the mineral interest to access and use the surface for mineral extraction.

On average, a single acre's mineral rights can range from as low as $200 to over $10,000+ on the high end. As you might expect, the prices will vary depending on the mineral in question, the number of wells currently drilled, the current production rate, the existence of pipeline infrastructure, and much more.

The Oklahoma Surface Damage Act guides interactions and negotiations between land surface owners and the oil companies and others who have the mineral rights. In the state, and elsewhere throughout the U.S., the owners of land parcels do not always also have ownership of what may lay below the surface.

In the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it. If you didn't know this, you're not alone. Many property owners do not understand mineral rights.

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by PE Pyron · 1982 · Cited by 3 — "The right of possession of the leased premises under an oil and gas mining lease is concurrent in the lessor and lessee; the lessee being entitled to enter ... In Oklahoma – Mineral owners must negotiate a written contract with the surface owner for the payment of any damages that may be caused by a drilling operation.Aug 2, 2023 — Our team can help you understand and negotiate a lease or surface use agreement, guide you through a probate, affidavit of heirship, or ... Jan 20, 2015 — A Surface Use Agreement is a voluntary agreement between the surface owner and the mineral owner/lessee (usually an oil and gas company) that ... by CP James · 2015 · Cited by 4 — 206 Unfilled pits served virtually no purpose to Tenneco and could have simply been filled in order to allow Allen to use the surface for. 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. 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 ... This lease is memorialized in a Surface Use Agreement (SUA). The SUA will define the size of the well site, the number of wells that may be drilled on it, the ... 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 J Feriancek · 2006 · Cited by 1 — use rights have been granted seek additional ways to con- trol the lessee's use of the surface, particularly if the buyer s future plans include residential ...

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