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Permalink Reply by Pauln on May 20, 2010 at 5:01

Those terms are very standard for a seismic permit. The reason that it has a 2 year term is that the company will likely permit a large number of square miles of permits before they can acquire the data. In other words, don't think of them having access every day for 2 years. When it is time to acquire the seismic, they will be on your property for only a few days.
As to getting a court order: If you have both the surface rights AND 100% of the mineral rights, you can refuse the permit and access. However, if someone else has even 1% of the mineral rights, they have the right to exploit those minerals and thus automatically have the right to access your property. If that law wasn't in place, no mineral/oil&gas operations would probably ever get done because every landowner would like their privacy and never let anyone else on their property.
If you have animals, lakes or security concerns, add an addendum which lists which gates/roads access points you want to be used. Also figure out a reasonable compensation for damages due to trucks making ruts etc. If you have a very large ranch (1 mile across or more) and access to a geological/geophysical interpreter, you could even ask for a copy of the data across your property. Normally this request is useless because it is like the old blind man evaluating an elephant story, you don't know if you are looking at a trunk or a tail.

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Permalink Reply by Mike Hughes on May 20, 2010 at 5:39

Will also depend on how minerals were reserved, ie. with surface access or without surface access. disclaimer, I am not an attourney, therefore do not depend on my advise as law.

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Permalink Reply by Lee on May 20, 2010 at 8:05

Thanks, Pauln and Mike, for your responses. The mineral leases that rule the property are at least 60 years old and grant "to the Lessee the right to explore for mineral indications, and to employ therein the Torsion Balance, Seismograph, or other device or method, and with the right of operating for and producing therefrom oil, gas etc......."

Oh well, I've learned that I am just a co-owner of the property, along with the descendants of the original mineral owners, and a secondary one at that.

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Permalink Reply by Pauln on May 24, 2010 at 1:23

While I'm not a lawyer, my guess would still be the same. The other 50% of the minerals could agree to sign the permit because they have rights to have their minerals explored. Get with that other 50% and see what they want to do.

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