Pennsylvania Surface Use Agreement

State:
Multi-State
Control #:
US-OG-1159
Format:
Word; 
Rich Text
Instant download

Description

This form is a surface use agreement.

Pennsylvania Surface Use Agreement is a legal contract between landowners and natural gas companies that establishes the terms and conditions for the exploration and extraction of natural gas resources located beneath the surface of the land in Pennsylvania. This agreement is crucial in the state's Marcellus Shale region, which has witnessed a significant increase in shale gas development. The Pennsylvania Surface Use Agreement outlines various provisions to ensure responsible and safe extraction practices while protecting the rights and interests of both parties involved. Important keywords associated with this agreement include: 1. Surface rights: The agreement defines the rights granted to the gas company to access and use the land surface for drilling activities, constructing well pads, access roads, and pipelines. 2. Compensation: Landowners are typically compensated for the use of their property. The agreement specifies the monetary payments, royalties, or lease terms that the gas company will provide to the landowner in exchange for granting access to the subsurface resources. 3. Environmental safeguards: The agreement includes provisions to protect the environment, such as requiring the gas company to comply with all applicable local, state, and federal environmental regulations. It may also include requirements for reclamation and remediation of the land after drilling operations are completed. 4. Indemnification: The agreement may address indemnification, ensuring that the gas company is responsible for any damages or liabilities arising from their activities on the land. 5. Access restrictions: The agreement may outline restrictions on specific areas of the land, such as environmentally sensitive areas, buildings, water sources, or agricultural fields, where drilling or construction activities are prohibited or must be carefully managed. 6. Term and termination: The agreement establishes the duration of the contract and conditions for termination, including circumstances under which the gas company may cease operations. 7. Water resource protection: Given the importance of water resources, the agreement often includes provisions for water management and protection, such as restrictions on water withdrawal, monitoring requirements, and measures to prevent contamination of water sources. Different types of Pennsylvania Surface Use Agreements may exist depending on specific entities involved or variations in the contractual provisions. Some additional agreement types may include: 1. Standard Surface Use Agreement: This is the most common type that addresses the general terms and conditions applicable to most landowners. 2. Customized Surface Use Agreement: In certain cases, landowners may negotiate unique terms to cater to their specific circumstances or concerns. 3. Cooperative Surface Use Agreement: Multiple landowners in the same vicinity may enter into a cooperative agreement designed to ensure uniform terms and requirements for gas companies extracting resources from their collective properties. In summary, the Pennsylvania Surface Use Agreement is a legally binding contract that regulates the use of land for natural gas extraction. It covers aspects such as compensation, environmental protection, access restrictions, water resource management, and can take various forms depending on the specific needs and preferences of the involved parties.

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FAQ

These basic lease terms ? bonus, royalty, term, delay rental (if any) and shut-in royalty --are typically the "deal terms" negotiated between the Lessor and Lessee. The Lessor typically wants the highest bonus, delay rental and royalty fraction he can get, and the shortest primary term. The Lessee wants the opposite. Article: Checklist for Negotiating an Oil and Gas Lease gdhm.com ? images ? pdf ? jbm-ogleaseche... gdhm.com ? images ? pdf ? jbm-ogleaseche...

A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas. Surface Use or Land Use Agreements - Primerus primerus.com ? article ? surface-use-or-land... primerus.com ? article ? surface-use-or-land...

One quick and dirty approach is the ?rule of thumb.? Those following the rule of thumb say that mineral rights are worth a multiple of three to five times the yearly income produced. For example, a mineral right that produces $1,000 a year in royalties would be worth between $3,000 and $5,000 under the rule of thumb.

If you own mineral rights or royalties, it's important to know how much they're worth. One way to determine their value is through the income approach or discounted cash flow analysis method. In this method, the present value of all estimated future cash flows is calculated based on certain assumptions.

Pennsylvania allows property owners to separate the surface rights and the subsurface rights, which are oil, gas or mineral rights. When nothing is done, the property owner owns everything, surface and subsurface rights. The property owner may choose to sell or lease these subsurface rights. Oil, Gas and Mineral Rights: Back to the Basics Pennsylvania Association of Realtors ? Blog Pennsylvania Association of Realtors ? Blog

The value of mineral rights per acre differs from state to state. Typically, the price ranges from $100 to $5,000 per acre in several states. In Texas, the average price per acre for non-producing mineral rights is usually between $0 and $250 per acre, as a general guideline.

Pennsylvania's Guaranteed Minimum Royalty Act of 1979 put the figure at 12.5 percent. But some leases allow drillers to share the costs of processing and transporting gas with landowners.

Mineral rights can be sold in any Pennsylvania county for anything from $500/acre to $5,000+/acre. Isn't that a pretty wide range? The reason for such a range is because the ranges depend on where you are located in Pennsylvania. The cost of your property is heavily influenced by where you are located. Mineral Rights in Pennsylvania - Lease, Buy or Sell in PA pheasantenergy.com ? pennsylvania-mineral... pheasantenergy.com ? pennsylvania-mineral...

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A Surface Use Agreement can specify what the oil and gas company or operator can and cannot do on a landowner's property. Complete our 4-step process to provide info on what you need done. 2. Get Bids to Review. Receive flat-fee bids from lawyers in our marketplace to compare. 3 ...Dec 14, 2022 — Pennsylvania allows property owners to separate the surface rights and the subsurface rights, which are oil, gas or mineral rights. Jul 20, 2023 — A contract to protect your surface should be agreed upon with the mineral owner during the actual oil and gas lease negotiations. Assuming that ... How to fill out Surface Use Agreement? When it comes to drafting a legal document, it is easier to leave it to the specialists. Nevertheless, that doesn't ... This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. (12) Severability/Waiver. If any ... Mineral owners must negotiate a written contract with the surface owner for the payment of any damages that may be caused by a drilling operation. This  ... Jan 18, 2011 — 1. No surface rights lease – A lease agreement can permit extraction of the oil and gas underlying the property, but prohibit any use of the ... Mar 9, 2023 — Questions to ask: Is there a surface use and restoration clause in the lease? What are the terms and conditions of the clause? What protections ... Mine Subsidence Insurance provides financial compensation for losses caused by the movement of the earth's surface that results from the collapse of underground ...

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Pennsylvania Surface Use Agreement