Oregon Surface Damage Payments

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US-OG-826
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Oregon Surface Damage Payments are compensation provided to landowners in the state of Oregon for the damage caused by the construction, operation, or maintenance of underground pipelines. These payments aim to mitigate the impact on surface properties caused by excavation, installation, or maintenance activities associated with these pipelines. Pipeline companies are required by law to negotiate and reach agreements with affected landowners to establish the appropriate amount of compensation for surface damages. The amount of payment is calculated based on various factors, including the extent of disturbance, land use, lost agricultural production, and any expenses incurred during the pipeline activities. There are primarily two types of Oregon Surface Damage Payments: 1. Initial/Pre-construction Payment: Prior to any pipeline construction activities, the pipeline company compensates the landowner for anticipated surface damages that may occur during the installation process. This payment covers damages such as soil disturbance, crop loss, and potential disruptions to land usage. 2. Annual/Recurring Payment: In addition to the initial payment, landowners may receive annual or recurring payments for ongoing surface damages caused by the presence and operation of the pipeline. These payments consider factors such as limited access to the land, potential restrictions on land use, and any recurring economic losses incurred due to the pipeline's existence. The Oregon Surface Damage Payments exist to ensure fair compensation for landowners affected by pipelines, acknowledging the economic impact and inconvenience caused by these activities. These payments play a crucial role in maintaining positive relationships between pipeline companies and landowners while promoting responsible energy infrastructure development in the state.

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FAQ

Property damage. n. injury to real or personal property through another's negligence, willful destruction or by some act of nature. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury.

Oregon Statute of Limitations for Property Damage Oregon's statute of limitations for Injury to personal property is six years. For example, if your car, home, or other possessions were injured or damaged by another individual or individuals, you may have up to six years to file a claim against them.

Generally, compensation for property damage is calculated as the lesser of: The change in market value right before and right after the incident that damaged the property; or. The cost of restoration or replacement.

A mineral right may include all metallic, non-metallic, and energy minerals (including oil and gas) as well as geothermal resources, or may specify/exclude some particular types of minerals (for example, limit mineral ownership to just the metallic and non-metallic minerals, or exclude ownership to the sand and gravel) ...

Property Damages Are Not Taxable Like medical expenses, the IRS and the State of California consider these damages as reimbursement for a car or home previously paid. The exception is when the dollar amount of the damages paid exceed the actual value of lost property.

Don't be fooled by the landman, your neighbor or a non-CPA tax preparer telling you that damages are not taxable. There is nothing wrong with negotiating a damage value on your property but consult your CPA to understand the tax implications. All types of Damages are reportable on your tax return.

Section 164.365 - Criminal mischief in the first degree (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right: (a) Damages or destroys property of another: (A) In an amount ...

Criminal Mischief Charges The person violates ORS 163.345 (above) and: As a result, damages property in the amount exceeding $500; or. Having no right to do so nor reasonable ground to believe that such a right exists, the person intentionally or recklessly damages property of another in the amount exceeding $500.

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Oregon Surface Damage Payments