South Dakota Release and Surface Damages Agreement Entered into Prior to Drilling

State:
Multi-State
Control #:
US-OG-135
Format:
Word; 
Rich Text
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Description

This is a release, between the surface owner and a lessee, providing for a lump sum to be paid prior to any drilling activities or exploration operations being conducted on the lands.
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FAQ

Surface damage means the removal of, mechanical disturbance to, or introduction of hazardous materials to, the ground surface, vegetation, or soils in a given location.

Surface rights refer to the legal rights and privileges associated with the use, control, and ownership of the surface of a piece of land or property. These rights typically include the ability to occupy, build, develop, and make use of the land's surface for various purposes.

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.

In Oklahoma, it is against the law to maliciously injure, deface or destroy another person's real or personal property. It is considered a misdemeanor if the amount of damage is valued at less than $1000, and a felony if the damage is valued at $1000 or more.

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.

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.

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South Dakota Release and Surface Damages Agreement Entered into Prior to Drilling