South Dakota Consent to Well Location by Lessor and Surface Owner

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Multi-State
Control #:
US-OG-040
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Word; 
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Description

A lease may require the lessor/surface owners consent to a well location, before the well is drilled by a lessee. This form provides for that consent, specifying the exact location where the well will be located.

South Dakota Consent to Well Location by Lessor and Surface Owner is a legal document that outlines the agreement between the lessor and surface owner regarding the location of an oil or gas well on their property. This document is crucial for ensuring informed consent and cooperation between the parties involved. In South Dakota, there are two main types of Consent to Well Location by Lessor and Surface Owner: 1. Standard South Dakota Consent to Well Location by Lessor and Surface Owner: This is the most common type of consent obtained when drilling an oil or gas well on private land in South Dakota. It involves the negotiation and agreement between the lessor (the mineral rights' owner) and the surface owner (the landowner) about the specific location of the well on the property. This agreement typically addresses issues such as access roads, compensation for damages, surface restoration, and reclamation after well operations. 2. Special South Dakota Consent to Well Location by Lessor and Surface Owner: This type of consent is required under specific circumstances, such as when drilling near sensitive environmental areas or culturally significant sites. In these cases, additional consultations and agreements may be necessary to protect the environment or preserve cultural heritage. Special consent agreements may include additional terms and conditions to ensure minimal disturbance to the area and compliance with relevant regulations. Regardless of the type of consent, South Dakota Consent to Well Location by Lessor and Surface Owner includes various key elements: 1. Identification of parties: The document clearly identifies the lessor and surface owner involved in the agreement. 2. Location description: It provides a detailed description of the property where the well will be located, including legal descriptions, coordinates, or relevant landmarks. 3. Terms and conditions: The agreement establishes the terms and conditions to which both parties agree, including compensation, access rights, restoration requirements, and any additional provisions specific to the situation. 4. Environmental considerations: In cases where special consent is required, the agreement may include specific terms addressing environmental protection, preservation of sensitive ecosystems, or mitigation measures to minimize impacts. 5. Indemnification and liability: The document outlines the responsibilities and liabilities of both parties regarding any damages or injuries that may occur during well drilling or operation. 6. Duration and termination: The consent agreement specifies the duration of the permission granted and the conditions for termination or revocation. 7. Governing law: It identifies the applicable laws and regulations of the state of South Dakota that govern the agreement. South Dakota Consent to Well Location by Lessor and Surface Owner is a crucial document in the oil and gas industry, as it ensures that well operations are carried out with the consent and cooperation of all parties involved while addressing any potential environmental or cultural concerns.

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FAQ

An easement is a permanent right authorizin-g a person or party to use the land or property of another for a particular purpose. In this case, a utility acquires certain rights to build and maintain a transmission line.

In South Dakota all water is the property of the people and the right to use of that water is through obtaining a water right. A water right is needed for all uses of water except for domestic uses.

South Dakota's Move Over law requires travelers to move over and/or slow down when a stopped vehicle is in use of amber, yellow, or blue warning lights. A violation of this law is a Class 2 misdemeanor, which is punishable by a minimum fine of $270.00 and/or 30 days in jail.

Statutory section line highways in South Dakota are sixty-six feet wide, thirty-three feet on each side of the section line. S.D.C.L. § 31-18-2 (1984). Thus the overall width of the highway is equal to one "chain," defined as a lineal land measure of sixty-six feet.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

In South Dakota, riparian (adjacent) landowners own the land down to the Low Water Mark. Recreational users of water for public purposes however can use land located between the High and Low Water Mark via this right-of-way.

A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175, § 21, § 2; SL 1989, ch 255, § 156.

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All such leases shall provide for delivery to the state in the pipeline to which the lessee may connect the wells of a royalty of not less than one-eighth of ... The surface owner, and surface lessee, if any, may seek actual and punitive damages in the court of proper jurisdiction if the mineral developer fails to ...If you need a water right permit and your application is approved, you will have five years to construct your water use system and an additional four years to ... Should the lease terminate for nonpayment of royalties, make sure the equipment, tubing, casing and other machinery used in production are forfeited as well so ... by B Pflueger · 2010 — Leasing is a contract by which one (the les- sor or landlord) gives to another (the lessee or tenant) temporary possession and use of real. by KP Jones · Cited by 3 — 1 allows a lessee to obtain surface access in split estate situations even in the absence of surface owner consent or waiver, so long as the lessee can. This is the accessible text file for GAO report number GAO-10-245 entitled 'Oil And Gas Bonds: Bonding Requirements and BLM Expenditures to Reclaim Orphaned ... by RW Polston · 1987 · Cited by 29 — The holder of a valid oil and gas lease has the right and privilege to go on the land and do all those things necessary and incidental to the drilling of wells, ... The driller is required by law to file a copy of a well completion ... The owner or equitable property holder is responsible for the well from the time the ... If a mineral owner does not want to lease at all, it would be a good idea to consult with an experienced oil and gas lawyer in the state where the mineral.

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South Dakota Consent to Well Location by Lessor and Surface Owner