Replies to This Discussion

Permalink Reply by kittycatmama on March 30, 2011 at 23:32

David, I think that is the going rate, but we never signed. For $25 an ac. you are giving strangers the right to come on your land.  I understand the importance of the seismic surveys, and we would have signed one had we had a lg. undeveloped acreage. We have had friends who signed who had fences cut, trash dumped on their property. It isn't worth it for $25 an ac.

Permalink Reply by Henry on March 30, 2011 at 23:35

A  good attorney can provide you an "Exhibit A" that will protect your land.  I'll offer several things to think about (or put into your Exhibit A), based on my experience with a pipeline:

 

$25 ($15+$10) is a value that most landowners received from Veritas.  I don't know of anyone who got more.

 

-  The one standard permit I saw did not have a termination date.  You should add one.  Give them 2 or 3 years, but no more.  Ask that they give you 2 weeks notification before they begin ops on your land.  Walk the land, and get a sense of it, so that if any damages occur, you will spot them.  Maybe even take some pictures at that point.

- If you want to control the routes of ingress and egress, write that in.  If vehicles should not go on part of the land, write that in.

-  Put in a clause that says you have 60 days after they are on your land (or 60 days after termination of the permit) to file for additional damages, beyond the $10/acre they paid you.  In that clause, write in that they are responsible for any damages and/or cleanup and will compensate you upon notification and demonstration of the damages.

-  Make sure you have a clause that holds you harmless for any damages they do to any person, property, livestock, timber, etc.  This is important

-  Add  a clause that states that the seismic testing, in no way, implies a transfer of mineral interest.

 

These are all good things.  Some of them, you can obviously write up yourself.  I would be a bit careful about the damage and indemnity clause, however, and maybe get an attorney's approval.

Permalink Reply by kittycatmama on March 31, 2011 at 1:38

Another problem that friends of mine had with seismic co. is that they left those huge vehicles on their road to their home and wouldn't come back for them. Guess it gave them a free place to store them knowing they were in someone's drive way and safe. Our friends threatened to have the vehicles hauled off, BUT their lease allowed the vehicles to be on property as long as they were doing tests and seismic group said they were still "testing." Those vehicles stayed parked in their drive for about 2 weeks

Permalink Reply by David Bass on March 31, 2011 at 3:48

Thank you good points!

Permalink Reply by David Bass on March 31, 2011 at 3:49

Excellent suggestions for additions to the permit. Thank you.

Permalink Reply by Crunchy on March 31, 2011 at 8:33

This is interesting. They were only paying $15 per acre in 2008. We had them signed a most favored status stating if they paid anyone more we would also get more. Wonder if I can cash that in?

 

Nevermind. It only applies to the permit fee.

 

Permalink Reply by Caroline Warren Babbitt on April 27, 2011 at 16:13

I received letter today regarding the Seismic Testing.  I am leased to Comstock Resources not Chesapeak.

Section 22, Township 12.  Has anybody else in Section 22 received requests?  This is my first experience.

Need some advice too.

Permalink Reply by David Bass on May 3, 2011 at 9:07

Caroline-  Is CGGVeritas the seismic company requesting the testing permit ?

Permalink Reply by Caroline Warren Babbitt on May 3, 2011 at 9:21

Yes.

Permalink Reply by David Bass on May 3, 2011 at 9:50

From info I've gathered so far: looks like CGGVeritas is doing seismic testing over just about the entire DeSoto Parish.   They will dig a 4inch hole approx 60 feet deep and set off explosive charges when they are ready to record it.  No one I've communicated with is aware of an agreement for more than $15/acre for permit and a predetermined  $10/acre amount for damages.   If the damages is in excess of the $10/acre amount, then they will need to pay for it, and I'd suggest including language in your agreement that includes that.  You (landowner) can obtain an estimate provided by forester of landowner's choice to help negotiate settlement if damages are > $10/acre.   Other suggestions are in comments by other folks above.