West Virginia Surface Damage Agreement Between Surface Owner and Lessee

State:
Multi-State
Control #:
US-OG-253
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Surface Owner is the owner of the surface of the lands that are the subject of the Lease and Lessee has agreed to pay and Surface Owner has agreed to accept the amount listed in the agreement as payment for damages, if any, that may occur in connection with Lessee's operations on the Lands under the terms of the Lease.

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FAQ

Mineral interests in WV are taxed the same as your home. You will pay 60% of the appraised value on the minerals at the levy rate for your county.

Mineral rights include everything under the ground with some exceptions like groundwater, sand, and limestone in most cases. These minerals in West Virginia typically include coal, oil and natural gas. Precious metals mining in West Virginia is not prevalent.

Royalty is a portion of the proceeds from the sale of production which is paid monthly to the mineral rights owner. The royalty is usually described in the lease as a fraction such as 1/8th, or 1/6th.

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.

Mineral rights give ownership, for a specified time, of the underground minerals that do not include sand, limestone, gravel, or subsurface water. If the mineral rights to your property have been sold before you acquired the land, that means you own only the surface rights and cannot use the minerals.

How many royalties do you get from an oil well? The customary royalty percentage is 12.5 percent or 1/8 of the value of the oil or gas at the wellhead. Some states have laws that require the owner be paid a minimum royalty (often 12.5 percent).

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West Virginia Surface Damage Agreement Between Surface Owner and Lessee