Utah 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.

Utah Surface Use by Lessee and Accommodation With Use of the Surface is a legal concept dealing with the rights and responsibilities of individuals or companies leasing land in Utah for natural resource extraction activities, such as mining, drilling, or logging. This concept aims to strike a balance between the lessee's need to exploit the resources and the accommodation of surface owners for their continued use and enjoyment of the land. In Utah, there are various types of surface use and accommodations that lessees must adhere to, depending on the specific activities and land in question: 1. Surface Use Agreement: This is a contract between the lessee and the surface owner, outlining the terms and conditions for surface use. It typically includes provisions for payment, access routes, reclamation plans, and mitigation measures. 2. Surface Damage Compensation: Lessees may be required to provide compensation for surface damages caused by their extraction activities. This compensation can cover the restoration of land, repair of infrastructure, or compensation for lost agricultural productivity. 3. Conservation Measures: Utah surface use regulations often require lessees to implement conservation measures to minimize the environmental impact of resource extraction. This can include protecting water sources, avoiding sensitive habitat areas, or implementing erosion control measures. 4. Accommodation with Existing Land Uses: Utah recognizes the importance of accommodating existing land uses when granting surface use rights. Lessees are often required to work around agricultural operations, residential areas, or recreational sites and minimize disturbances to these activities. 5. Reclamation and Restoration: Lessees must perform reclamation and restoration activities to restore the land to an useable state once resource extraction is complete. This involves activities such as grading, reseeding, erosion control, and replanting to restore the original land condition or establish a compatible post-extraction land use. 6. Collaboration with Stakeholders: Utah's surface use regulations emphasize the importance of collaboration and communication between lessees, surface owners, and other stakeholders. Lessees are encouraged to engage in a dialogue with affected parties and address concerns or conflicts that may arise during the surface use process. Keywords: Utah, surface use, lessee, accommodation, surface owner, natural resource extraction, mining, drilling, logging, surface use agreement, compensation, conservation measures, existing land uses, reclamation, restoration, collaboration, stakeholders.

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How to fill out Utah Surface Use By Lessee And Accommodation With Use Of The Surface?

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FAQ

Except as is reasonably necessary to conduct oil and gas operations, an owner or operator shall mitigate the effects of accessing the surface land owner's surface land, minimize interference with the surface land owner's use of the surface land owner's property, and compensate a surface land owner for unreasonable loss ...

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.

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.

"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.

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.

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Examine the related document templates or start the search over to find the correct file. Hit Buy now and create your account. If you already have an existing ... (b) surface occupancy or one or more specific uses upon a finding that continued ... (a) securing the written consent or waiver of the surface owner or lessee;.In making such a revision, Lessee shall file of record a written declaration describing the revised unit and stating the effective date of revision. To the. 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. 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 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. "Surface use agreement" means an agreement between an owner or operator and a surface land owner addressing the use and reclamation of surface land owned by the ... Add the Surface Use by Lessee and Accommodation With Use of the Surface for editing. Click the New Document button above, then drag and drop the sample to the ... "Administratively Complete Application" means an application for permit approval or approval for coal exploration, where required, which the Division determines ... by RW Polston · 1987 · Cited by 29 — The parties to a mineral lease or deed usually think of the mineral estate as including valuable substances that are removed from the ground by means of wells ...

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