NATURAL GAS & YOU: In considering the purchase of a property in La Plata County, it is important to investigate the real estate listing and prior deeds to find out the exact nature of mineral ownership interests. Often, different parties own the surface and the subsurface. This is commonly referred to as "severed estate" land. Most of the property in La Plata has been severed. Previous owners may have sold the mineral rights or granted right-or-ways or easements that are transferred with the property. Because of the long history of natural gas activity in La Plata County severed estates, easements and right-of-ways are common on property in our area.
Well established Colorado law recognizes that access to the mineral estate from the surface estate is necessary in order to develop natural resources. The law provides for access to the mineral estate by allowing "reasonable use" of the surface. The Colorado Oil and Gas conservation Commission (COGCC) rules require surface owner consultation and strongly recommend that a surface agreement be negotiated, in good faith, with a surface owner prior to granting a drilling permit. Over 99% of all wells in La Plata County have utilized surface owner negotiations to decide well locations, road use, road and pipeline construction, fencing, crop reclamation, etc. If a surface agreement cannot be successfully negotiated the COGCC rules allow for a surface bond to be posted with the state. The bond is intended to protect the surface owner from "unreasonable crop losses or land damages from the use of the premises" --not for perceived economic loss associated with mineral owner access.
There are hundred of miles of roads constructed as part of an oil and gas lease after companies negotiated and paid for easements with landowners, if required. Known as "lease roads," they are maintained by the industry but often may be utilized by residents living in the area. Companies do not routinely remove snow if access to facilities is not necessary. Generally, companies do repair road damage caused by construction as soon as weather and equipment availability allow. Most companies are willing to work with residents to make lease road conditions acceptable, however, there is no guarantee that a lease road will be accessible to passenger vehicles.
Due diligence is mandatory when purchasing any property and that's where we can help. Call or email us if we can assist you.
http://HomesInDurango.com / http://DurangoRealEstate.biz
Well established Colorado law recognizes that access to the mineral estate from the surface estate is necessary in order to develop natural resources. The law provides for access to the mineral estate by allowing "reasonable use" of the surface. The Colorado Oil and Gas conservation Commission (COGCC) rules require surface owner consultation and strongly recommend that a surface agreement be negotiated, in good faith, with a surface owner prior to granting a drilling permit. Over 99% of all wells in La Plata County have utilized surface owner negotiations to decide well locations, road use, road and pipeline construction, fencing, crop reclamation, etc. If a surface agreement cannot be successfully negotiated the COGCC rules allow for a surface bond to be posted with the state. The bond is intended to protect the surface owner from "unreasonable crop losses or land damages from the use of the premises" --not for perceived economic loss associated with mineral owner access.
There are hundred of miles of roads constructed as part of an oil and gas lease after companies negotiated and paid for easements with landowners, if required. Known as "lease roads," they are maintained by the industry but often may be utilized by residents living in the area. Companies do not routinely remove snow if access to facilities is not necessary. Generally, companies do repair road damage caused by construction as soon as weather and equipment availability allow. Most companies are willing to work with residents to make lease road conditions acceptable, however, there is no guarantee that a lease road will be accessible to passenger vehicles.
Due diligence is mandatory when purchasing any property and that's where we can help. Call or email us if we can assist you.
http://HomesInDurango.com / http://DurangoRealEstate.biz
No comments:
Post a Comment