Oil and Gas at Your Door? (2005 Edition) - Earthworks
Oil and Gas at Your Door? (2005 Edition) - Earthworks
Oil and Gas at Your Door? (2005 Edition) - Earthworks
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Chapter II<br />
Legal <strong>and</strong> Regul<strong>at</strong>ory Issues<br />
WHO OWNS THE MINERALS BENEATH YOUR LAND?<br />
In some cases the surface <strong>and</strong> minerals (including oil <strong>and</strong> gas) are owned by the same person,<br />
but often the minerals are owned separ<strong>at</strong>ely from the surface property.<br />
II<br />
MINERAL VERSUS SURFACE RIGHTS<br />
Mineral owners have different rights than owners of the surface l<strong>and</strong>s. This section outlines<br />
some of the unique rights granted to mineral owners, as well as inform<strong>at</strong>ion on surface owner<br />
rights <strong>and</strong> protections.<br />
REGULATIONS AND SURFACE OWNER PROTECTIONS<br />
This section provides examples of st<strong>at</strong>e, county <strong>and</strong> federal st<strong>at</strong>utes (i.e., laws) <strong>and</strong> regul<strong>at</strong>ions<br />
th<strong>at</strong> provide some protection to surface owners, e.g., consult<strong>at</strong>ion requirements, compens<strong>at</strong>ion<br />
for surface damage, reclam<strong>at</strong>ion of disturbed l<strong>and</strong>s, <strong>and</strong> more.<br />
In many regions of the United St<strong>at</strong>es l<strong>and</strong>owners are being approached by companies who want<br />
to search for oil <strong>and</strong> gas bene<strong>at</strong>h their l<strong>and</strong>. This can be an extremely stressful, confusing time<br />
for l<strong>and</strong>owners. The companies have done this many times before, <strong>and</strong> underst<strong>and</strong> wh<strong>at</strong> their<br />
legal rights are. But most l<strong>and</strong>owners are not aware of wh<strong>at</strong> they can dem<strong>and</strong> of companies in<br />
return.<br />
Too many l<strong>and</strong>owners have signed away certain rights to companies, only l<strong>at</strong>er to find out th<strong>at</strong><br />
they didn’t have to do so. Or they have agreed to offers, only to find th<strong>at</strong> their neighbors have<br />
received a better deal.<br />
Wh<strong>at</strong> are the first steps a l<strong>and</strong>owner should take?<br />
1. Most importantly, don’t panic, <strong>and</strong> don’t rush into any agreements.<br />
2. Educ<strong>at</strong>e yourself. Underst<strong>and</strong> your rights, <strong>and</strong> your options. You may want to consult an<br />
<strong>at</strong>torney.<br />
3. Find allies. You may need support, <strong>and</strong> be able to learn from others’ experiences.<br />
4. Find out who owns the minerals bene<strong>at</strong>h your l<strong>and</strong>. In some cases, the surface <strong>and</strong> the<br />
minerals are owned by the same person, but often the minerals are owned separ<strong>at</strong>ely<br />
from the surface property. L<strong>and</strong>owners will have different rights <strong>and</strong> different negoti<strong>at</strong>ion<br />
str<strong>at</strong>egies depending upon whether the mineral rights belong to them; to federal, st<strong>at</strong>e or<br />
tribal governments; or to other priv<strong>at</strong>e parties (e.g., citizens or companies).<br />
This chapter is designed to provide a general introduction to the legal <strong>and</strong> regul<strong>at</strong>ory issues<br />
rel<strong>at</strong>ed to oil <strong>and</strong> gas development. It is important to have some underst<strong>and</strong>ing of government<br />
regul<strong>at</strong>ions <strong>and</strong> laws pertaining to oil <strong>and</strong> gas. These may provide you with important tools for<br />
ensuring th<strong>at</strong> oil <strong>and</strong> gas development will have as minimal an impact as possible on your property<br />
<strong>and</strong> lives. The following pages discuss various legal <strong>and</strong> regul<strong>at</strong>ory options; <strong>and</strong> provide<br />
some str<strong>at</strong>egies for dealing with oil <strong>and</strong> gas development whether or not you own the minerals<br />
bene<strong>at</strong>h your l<strong>and</strong>.<br />
Bear in mind th<strong>at</strong> the laws <strong>and</strong> regul<strong>at</strong>ions th<strong>at</strong> govern oil <strong>and</strong> gas development vary from st<strong>at</strong>eto-st<strong>at</strong>e.<br />
So you will likely need to do some additional research, or contact local organiz<strong>at</strong>ions,<br />
II-1
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