Rights of a surface only owner

Like the title says, I just bought a farm without thhe oil/gas rights. I know I can't do anything about a well, but what other rights do I have? For example, when it comes time for a pipeline lease, which has not been signed on this property, I would ahve controll and ownership of that, correct? Anyhting else to be aware of?  Thanks

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Permalink Reply by Finnbear on May 4, 2012 at 4:24am
Is that state law? Which state?
Permalink Reply by Golddigger on May 4, 2012 at 4:47am

Even though the O&G companies have the right to access a property that has been leased to install a pad. In Pa., the surface right owner is entitled to be compensated for any surface disturbance, crop or timber damage. In addition the O & G have to be a certain distance (200') from any building, water source, etc. Not a lawyer, just have had these situations arise.

Permalink Reply by time will tell on May 4, 2012 at 6:23am

Sounds like the Buell well . He has the best well to date on his land with no royalty or any control .

I hope Lance that there is something in it for you . Most leases i've seen have a 500 ft set back for a well pad .

Permalink Reply by Jack Straw on May 4, 2012 at 8:54am

PA House Bill 1950 was passed in 2011 and took effect last month (several parts of it are in abeyance while in appeal).

This law legislates (for PA) well pad set back of 500' from occupied dwelling for horizontal wells. This would negate provisions in older leases thta states such distances as 200'.

Every once in a while (but not often enough) they do a little something that makes sense.

All IMHO,

                   JS

 

Permalink Reply by Betty on May 4, 2012 at 9:20am

Jack, is there a link you can share re PA House bill 1950 that provides more info as to what took effect and which parts are held by appeal?  

Permalink Reply by Jack Straw on May 4, 2012 at 10:03am

PA House bill 1950 of 2011 is also referred to as "Act 13".

It is a huge piece of Legislation, 174 pages long.

As the fist major piece of PA legislation (concerning O &G) in around 50 years, it covers a lot of aspects.

Attempting to read it is a sure cure for insomnia.

The portion of the law that is under challenge concerns the ability of municipalities to ban drilling.

The absolute bulk of the law is not currently challenged and is now in effect.

The text of the law can be found here:

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txt...

 

JS

 

Permalink Reply by Oliver Perry on May 4, 2012 at 8:27am

We learn something every day here don't we finnbear.

Permalink Reply by TylerCH4Us on May 4, 2012 at 9:32am

You may want to check out the West Virginia Surface Owners Rights Organization.  http://www.wvsoro.org/index.html 

Permalink Reply by Betty on May 4, 2012 at 1:24pm

Jack, 

thank you for the link, I remember looking at the original proposal by the committee appointed by the gov.   The portion I am particuarly interested in is the gas company's responsibility to pay for testing water wells within the area of a new fracked well.  Originally, it was 1000 ft --from what I've seen on the internet that has not changed.   If I remember correctly the committee recommended 3000 ft -- which appeals to me.   

Permalink Reply by Jim Litwinowicz on May 4, 2012 at 3:39pm

Betty;

I think they settled on 2500' for the testing and presumed guilt of damages to water wells. And the 500' setback is for the wellbore, not other surface activities. The can drill the wellbore 300' from surface water but may disturb soil up to 100'.

Permalink Reply by Jack Straw on May 4, 2012 at 3:52pm

I appreciate your concerns.

Whatever the law might require, if I knew that a horizontal well was being drilled within one mile, I would contact the O & G company (registered, return receipt letter) requesting that my water well be included in the testing.  

 

All IMHO,

                JS

Permalink Reply by Jim Litwinowicz on May 4, 2012 at 3:46pm

Lance; much depends on the lease.  The gas and oil rights take precedence over the surface rights, meaning they have the right to take enter your property to get to the gas and oil. That would include access roads, pipeline, pad and what  ever they need.And they may not have to pay the surface owner for any damages.  The farmer that owns the surface where the Buell well is located has said he has not gotten a single penny for surface damages, not even for crop damage.

But for things like storage of materials not used on your property or for ROW for pipelines carrying foreign gas, a lot depends on the lease.

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