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Pennsylvania 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.

Pennsylvania Surface Use by Lessee and Accommodation With Use of the Surface is a crucial aspect of oil and gas exploration and development in the state. This legal principle governs the rights and responsibilities of the lessee (the entity leasing the rights to extract minerals) and the surface owner (the individual or entity that owns the land surface). Pennsylvania's law recognizes the importance of balancing the interests of both parties involved. The principle of Surface Use by Lessee ensures that the lessee has the right to reasonably and efficiently access and use the land surface to extract minerals. At the same time, Accommodation With Use of the Surface ensures that the surface owner's rights are protected and that they are adequately compensated for any disruption caused by the lessee's activities. There are two main types of Pennsylvania Surface Use by Lessee and Accommodation With Use of the Surface: 1. Surface Use Agreement: Also known as a Surface Lease Agreement, this is a legally binding contract between the lessee and the surface owner. It outlines the terms and conditions for the lessee's use of the surface, including the rights granted, the duration of the agreement, and the compensation provided to the surface owner. This agreement ensures that both parties have a clear understanding of their rights and obligations, leading to a more harmonious and efficient relationship. 2. Accommodation Agreement: In cases where the surface owner and lessee cannot reach a mutually acceptable Surface Use Agreement, Pennsylvania law provides for an Accommodation Agreement. This agreement is intended to address any conflicts or disagreements between the parties regarding the use of the surface. It aims to strike a fair balance between the lessee's need for access and the surface owner's desire to protect their property. If the parties cannot reach an agreement, the surface owner can file a complaint with the Pennsylvania Department of Environmental Protection, which will determine the reasonable accommodation that must be made. The keywords relevant to this topic include Pennsylvania, Surface Use by Lessee, Accommodation With Use of the Surface, Surface Use Agreement, Surface Lease Agreement, Accommodation Agreement, mineral extraction, surface owner rights, compensation, access, conflict resolution, and Pennsylvania Department of Environmental Protection. In conclusion, Pennsylvania Surface Use by Lessee and Accommodation With Use of the Surface is a critical legal framework that governs the rights and obligations of the lessee and surface owner in the context of mineral extraction. It ensures a fair balance between the needs of the lessee and the rights of the surface owner, with the aim of fostering efficient and mutually beneficial relationships.

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FAQ

Surface rights in Pennsylvania These rights in Pennsylvania are those licenses to the surface interest of any property. This right covers the structure, farmland, or any above ground minerals like water bodies, trees and plants. This right was set ing to Pennsylvania ordinances and local laws.

Pennsylvania does not maintain ownership records of mineral properties and county governments often have these records. Therefore, the starting place should often be the County Recorder of Deeds Office. An older mineral deed may or may not be recorded in this office.

A limitation on a mineral owner's right to use the servient surface estate (in Texas, the mineral estate is dominant over the surface estate).

You may get anywhere from $250/acre to $2,500+/acre just depending on your specific location. With the oil and gas market still trying to find the real price of oil, there are still a lot of buyers in the market interested in picking up mineral rights.

A fairly unique feature of American law is the concept that one parcel of land can be comprised of multiple ownership estates. In Pennsylvania and many other states, it is possible to sever the right to the minerals in and under the land from the ownership of the surface itself.

The mineral owner's interest in the spacing unit is calculated by dividing the number of acres owned by the mineral owner within the unit by the total number of acres in the unit (Acres Owned / Total Acres in Unit). This will result in a decimal.

The general rule of thumb for the value of mineral rights in Texas is 2x to 3x the lease bonus you received. For example, if you got $500/acre when you leased your property, you might expect to sell for somewhere between $1,000 to $1,500/acre if you were to sell mineral rights in Texas.

On July 11, 2006, the Pennsylvania General Assembly enacted the Dormant Oil and Gas Act. The purpose of the Act is to permit the development of underground oil and gas reserves when all owners of oil or gas interests cannot be located or identified.

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A Surface Use Agreement can specify what the oil and gas company or operator can and cannot do on a landowner's property. Historically, the mineral owner generally had a broad and expansive right to use the surface in any manner reasonably necessary for extraction of the minerals.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, ... 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 tenant may receive a build-out allowance that the landlord grants (but ... The taxpayer must complete and file a PA-40 Schedule D. Refer to PA Personal ... See the instructions. Report the income and expenses for the use of your personal property by others. Also, report the income you received for 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 ... Surface damages legislation restores the balance between landowners and the oil and gas industry – and doesn't curtail production or jobs. The owner of sub-surface rights has the right to use the surface of the land to access and mine their minerals. This includes the right to open a mine, drill an ... First and foremost, a mineral lessee must use the surface reasonably. ... One limitation to oil and gas companies' reasonable use allowance is the accommodation ...

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