Replies to This Discussion

Permalink Reply by Tom Hough on May 28, 2011 at 15:20

They will pay you and you will get a good road from them as well.

Permalink Reply by Ben Elmore on May 29, 2011 at 10:40

If they own the minerals underneath your land (Eg, they have a lease) then they have the right. If they don't own the minerals, they don't have the right. Assuming they have the right, Better to negotiate with them so you can have a say on road location, maintenance and costs, etc... Those who refuse wind up getting slapped with an injunction and little to no say.

Permalink Reply by Wonderland on May 30, 2011 at 7:39

There's a bit of a twist on this one.  The minerals have been held by production since the 70's and, to my knowledge there were no rights of way across our land for access to well sites.  In 1996, the surface was leased to a lignite company and in 2000, the lignite company took 'exclusive' possession.  No mining was ever done on our land, but the lignite company built a haul road across our land for moving heavy equipment, etc. from the highway to where mining was proceeding.  Now, operations are coming to a conclusion, and the reclamation process is underway.  The haul road across our land will be used until all of the reclamation process is finished in the area.  The lignite company has apparently allowed the oil company to use the haul road to gain access to several wells in the area with absolutely no consultation with us.  Now the lignite company says they are leaving the haul road on our property for the oil company to use after they 'return' the land to us.  I have a problem with the oil company using our land for these years without our permission.  The lease gives the lignite company exclusive rights to use the surface, but not the right to allow others to use it.  Do we have a right to be compensated for this tresspass?

Permalink Reply by Robby Patterson on May 30, 2011 at 8:16

Wonderland,

There are several things for you to consider. Did the lignite company pay for an access easement across your property with the right to assign or did they build the road under the rights of their lignite lease?  If the minerals have been held by production since the 70's, did someone at an earlier date give an access easement across your property to other units outside the unit your property is in? If not, you want to check the lease because a few leases have language which gives the operator the right of road access and flowlines across leased property in adjacent units (they mostly say "damages paid for growing crops, etc." ) Also, it's not likely but your lease might have a no surface use clause.  I even read one lease that had a "no pickup clause" where the lessee did not have the right to drive a pickup on the property for surveying, etc.  As with everything else in the oil and gas business, there are a lot of exceptions to the rule, but normally an operator has the right of ingress and egress across properties within the unit for roads and flowlines but they do not have the right to use an access road on your property for access to another unit unless they acquire an access easement from the landowner or flow foreign gas across your property without an easement.

 

Permalink Reply by dbob on May 30, 2011 at 8:05

Wonderland,

I assume you've been in contact with the Surface Mining Division of the RRC regarding bond release on the property? If not, you might want to file a protest there.

MAybe you could turn it in to a toll road?