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South Dakota Surface Use by Lessee and Accommodation With Use of the Surface

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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.

South Dakota Surface Use by Lessee and Accommodation With Use of the Surface In South Dakota, surface use by lessee refers to the rights and limitations involved in the utilization of the land by a lessee or an individual or entity that has been granted permission to use the surface for a specific purpose. This concept is commonly associated with mineral or oil and gas leases, as well as other types of agreements involving the utilization of natural resources. When it comes to surface use by lessee, it is important to establish clear guidelines to ensure the responsible and sustainable use of the land. These guidelines often include restrictions on activities that may cause harm or damage to the environment or surrounding communities, as well as provisions for reclamation and restoration once the use of the surface has concluded. In South Dakota, there are several types of surface use by lessee that may be relevant in different contexts: 1. Mineral Leases: These leases allow lessees to extract minerals such as oil, gas, coal, or other valuable substances from the land. They typically include provisions for drilling, excavation, and the establishment of infrastructure to facilitate the extraction process. 2. Grazing Leases: Grazing leases pertain to the leasing of land for livestock grazing purposes. These leases outline regulations regarding the number of livestock allowed, rotation systems, and conservation practices preserving the health of the land. 3. Wind Energy Leases: With the growing importance of renewable energy sources, wind energy leases have become increasingly common. These leases grant lessees the right to install and operate wind turbines on the land, providing clean energy while potentially generating income for landowners. 4. Recreational Leases: South Dakota boasts a diverse landscape, and recreational leases allow lessees to use the land for activities such as hunting, fishing, camping, or hiking. These leases often include provisions for conservation and responsible recreation practices preserving the natural resources and wildlife habitats. Accommodation with the use of the surface refers to the process of ensuring that surface activities and infrastructure development coexist harmoniously with other land uses and stakeholders. This involves considering the potential impacts and implementing measures to minimize any adverse effects. South Dakota recognizes the importance of balancing surface use by lessee with the protection of the land, water, wildlife, and local communities. The state's laws and regulations provide guidance on environmental protection, land reclamation, and compensation for any damages caused by the lessee's activities. In summary, South Dakota surface use by lessee and accommodation with use of the surface are critical aspects of managing land and natural resources. With various types of leases catering to different industries, it is crucial to establish clear guidelines to ensure responsible land use and environmental stewardship.

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What Are Mineral Rights and Who Has Them? Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.

In order to apply the Accommodation Doctrine, the surface owner must prove that the groundwater owner's use of the surface precludes or substantially impairs the existing use; that the surface owner has no available, reasonable alternative to continue existing use; and that the groundwater owner has reasonable, ...

Reasonable Accommodation Doctrine Disputes in Colorado This doctrine directs the operator to carry out operations to accommodate the surface owner by minimizing intrusion upon and damage to the surface of the land, including the use of alternative well locations or alternative operations.

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.

The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.

As in Texas, operators in New Mexico are also subject to the common law Doctrine of Accommodation. The New Mexico Supreme Court adopted a rule similar to Texas' Accommodation Doctrine, which interpreted the rule to mean that the rights held by a mineral lessee create an implied easement by necessity.

Surface rights and mineral rights are two distinct types of property rights. Surface rights refer to the right to own and use the surface of a piece of land, while mineral rights refer to the right to extract minerals and other resources that are found beneath the surface.

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.

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by KP Jones · Cited by 3 — (4) The lessee must show that any alternative use by it of the surface, other than its proposed use, is impracticable and unreasonable under the circumstances. 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, ...A mineral owner's response to the offer to lease its minerals for oil and gas exploration and production can range from a refusal to discuss the possibility of ... A public use easement held by the South Dakota Department of Transportation or a ... a South Dakota circuit court is sufficient to complete the chain of title. by CM Alspach · Cited by 40 — ' As a result, the court found for the mineral estate owners.' In so finding, North Dakota more clearly adopted a Texas-style accommodation. A mine license is required to mine sand, gravel, rock to be crushed and used in construction, pegmatite minerals; and limestone, iron ore, sand, gypsum, or ... Surface damages legislation restores the balance between landowners and the oil and gas industry – and doesn't curtail production or jobs. 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 ... 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. Who needs a water right permit? In South Dakota, all water (surface and ground water) is the property of the people of the state and whether you need a water ...

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South Dakota Surface Use by Lessee and Accommodation With Use of the Surface