Advice on Surface Damage Agreement.

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Snattlerake

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From a friend of mine who again is not a lawyer but knows quite a bit about the subject and will let me PM @filbert his email.

Here is his reply to me.

From what I read it sounds like they are wanting to put a pipeline on him or access. Probably doesn’t need an attorney, but would be wise to get some advice as to what to expect/how to respond. They will throw some money at him that may/may not be reasonable, depending on what they are intending to do. . .usually their first offer has “them” in mind, not the “landowner”.
So @filbert , are you interested in his email?
 

hunter966

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And do not give them a blanket easement, limit their activities to a specific area. They may not want a blanket easement but protect your land, again a lawyer will help out greatly.
 

okietool

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I received a letter from an oil drilling company that wants me to sign a Surface Damage Agreement on some property I own. Does anyone here know anything about these agreements? Like what is the going rate? Is it a permanent agreement? Should I get an attorney? They refer to a "rod". Any help would be appreciated. Thanks
A rod is a measurement around 16’ I think.
yes once you settle it is permanent within the terms of the agreement. If they have some disaster it won’t (shouldn’t) be enforceable and they will be responsible. Most of the agreement will be boiler plate.
if you’re not comfortable get a lawyer.
Try to find out who is doing the actual dirt work.
 

okietool

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One thing you need to know for sure is what they are going to do. Is it a pipeline, a drilling pad. If it’s a drilling pad how many wells?
if you have water rights you might sell water too. How to they plan to access the area? If you live close by this is your chance to have some day so on the road(s) used for access. But the county commissioner may have already specified that. They probably have a construction supervisor you can meet with. Most of these people are fair but they do represent the company.
Just don’t think you have them over a barrel, it won’t work out well.
 

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