Replies to This Discussion

Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on July 21, 2026 at 6:05

Do you have a surface use agreement?  Was it created or reviewed by an experienced O&G attorney?

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Permalink Reply by Rodney Anderson on July 21, 2026 at 6:20

We don’t have any agreement yet.

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Permalink Reply by Rodney Anderson on July 21, 2026 at 6:23

I have been told they will pay land value, timber value, per well bore and possibly diminished market value.

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Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on July 21, 2026 at 6:34

Promises are only as good as the text of the agreement.  Will it stand up in court if it comes to that?

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Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on July 21, 2026 at 6:25

Then seek the advice of an experienced O&G attorney.  They have seen what can happen and know the civil laws that apply.  A good O&G attorney works by the hour and can draft an agreement based on your concerns and the specifics of your land.

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Permalink Reply by Rodney Anderson on July 21, 2026 at 6:29

Thank you

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Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on July 21, 2026 at 6:33

You're welcome.  A little money spent up front can pay off in the long run.  Make sure any attorney you get is an experienced O&G attorney.  If you need a referral, let me know.  I deal with a lot of law firms that have extensive O&G/mineral practices.

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Permalink Reply by Rodney Anderson on July 21, 2026 at 6:52

That would be helpful, as I am not able to get much useful information off of the attorney’s websites.

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Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on July 21, 2026 at 7:00

For East Texas O&G/mineral work, I use Lake Hearne Jr. at Davidson, Summers, Hearne, Martin and Powell in Shreveport.  318-424-4342 or lhearne@davidsonsummers.com

A law firm's website should clearly state their primary areas of practice.

https://www.davidsonsummers.com/attorneys/william-lake-hearne-jr/

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landownerPermalink Reply by Dale Walton on July 21, 2026 at 11:13

If you don’t own the minerals and therefore will not share in the production I would not recommend allowing a pad.  Granted the mineral lease will govern this but you can certainly make it undesirable for them.  That surface equipment will be there basically until you die unless you are under 20 years old!  

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Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on July 21, 2026 at 11:20

Yes the lease gives O&G companies wide leeway for surface operations.  Denying a surface agreement may work but it might not.  The surface location is critical for drilling horizontal wells.  In some cases it is far better to have an agreement as long as it provides just compensation and a say in where pads, rights-of-way and access is located.  For example, if a company wants to force the issue they may go to court and get a ruling that allows them surface use.  Keep in mind that the state has a stake in production for tax revenue.  You don't want an O&G company deciding the location of a pad, road or pipeline right-of-way.  With an agreement you can dictate where a road, a pad and a right-of way goes.  You can make sure it goes where is does not devalue the land or cause disruptions to how you use it.  You can negotiate other benefits you may find of value such as a pond and fencing for livestock.  As with all such agreements you need the services of an experienced O&G attorney.

Permalink Reply by Rodney Anderson on July 24, 2026 at 9:14

After looking the plat over I discovered the well pad they want to build on my property is out of unit, a fact they conveniently misled me about.  I contacted the attorney you recommended, but due to his work load and time constraints he had to decline, but I did contact someone with a lot of experience in these matters and he tells me being out of unit completely changes the negotiation process.  He also has a much better surface agreement than the energy company.

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