Hi good day. Can landowner be sued jointly with leaseholder or producer?
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I came here today specifically for this answer too. I have several oil & gas wells on my ranch actively leaking oil and gas, one is just an open hole in the ground. It has been this way for years, the operators are long gone. These wells are on the RRC plugging list, but the RRC is overwhelmed and won’t get to them until they are really flowing. I want to allow people to use our ranch for fun, but I need to know more about my liability. I also have power poles falling over, abandoned pipes, tank batteries and pump jacks.
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In Texas there are a group of laws that came into effect a few year’s ago protecting landowners from liability if a person is hurt while hunting or other recreational uses. But the requirements are to have signs up that can be bought from the State OF Texas. It is known as: Chapter 75A. The signs say "Warning: Under Texas Law (Chapter 75A, Civil Practice and Remedies Code), Anj Agritourism Entity is Not Liable for any injury to or Death of Agritourism Participant Resulting From an Agritourism Activity. Google the Chapter 75A Texas Law.
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Absolutely. A positive for agricultural land owners. It will be interesting to know if this also covers things like harm from vapor gas from a leaking oil well, falling utility poles that are property of the mineral estate or abandoned, open oil and gas well holes in the ground, unconnected pump jacks, unsecured drill pipe and sucker rod. Gas and vapor from tank batteries, etc. Perhaps an insurance company would be a good source of that information.
What State is your land located? A farm and ranch owners insurance policy is a good idea also. Most of these insurance companies don’t want to insure for recreational accidents. In some cases a separate policy might be needed.
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You may not be liable for the well clean up. You should be cautious about allowing people to come on your property that in some manner benefits you since you have a reason to believe the old wells may present a hazard to their health. This is not legal advice. You should speak to an attorney on this issue.
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With all the wells drilled since fracking began in 1949, can you tell us how many deaths on, near or around drilling sites have been attributed to silicosis?
Its clear that you are outraged at the new well being drilled close to your house, dont blame ya, as the noise would drive me crazy. After a quick search of the google, it seems that it takes years of heavy exposure, to cause harm. A “frack job” (when silica is used) generally takes 3-5 days and companies have made major strides since the articles you are likely reading from 2011-13.
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Plus spreading mud on the ground
Not sure where you read that or whom told you that, but its nowhere close to the truth.
Let’s just leave it to osha
To answer the initial question, a mineral owner is a lessor. They are no different than a landlord in a shopping center who rents out their space to a tenant. To be sued for negligence, the lessor has to owe a duty to a third party. He doesn’t. He might owe a duty to the lessee (only) in some limited circumstances. So, for negligence, no. Especially no, if the lessor only owned a mineral interest, and no surface.
There is a federal environmental suit (RCRA) which could be used if the site was some sort of toxic waste dump. However, I know of no time that the federal government sought to impose liability on a landowner.
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Basically an environmental disaster.
I can understand your frustration. People living close to wind power facilities have problems with unrelenting noise and electrical impulses. However, the mineral owner lessor has no real ability to monitor a lessee’s compliance with state regulations and requirements or to override the decisions of the state agency. The mineral owner does not have access to the oil company’s internal records or many filings with state agency. A mineral owner’s direct interference with oil and gas operations without cause or evidence of wrongdoing can lead to a lawsuit by the oil company. Complaints need to go through the state regulatory agency.
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Do you have a case to support the idea that a landowner has a duty to not allow leasehold to violate regulations?
The law says otherwise.
If a landlord completely surrenders both possession and control of the premises to a tenant, the landlord is not liable for injury to a third party that occurs on the premises. A landlord owes a duty to third parties only for conditions over which he or she retains control. Thus, in the absence of a statute, covenant, or fraudulent concealment, a landlord who gives the tenant full control and possession of leased property generally will not be liable for personal injuries sustained by other persons lawfully upon the leased property4 where there is otherwise no privity between the victim and the owner.5 A landlord’s right to enter the premises does not, itself, constitute control of the premises so as to impose a duty on the landlord to protect third parties.
Under your theory, the landowner would have to be out there every day monitoring every single activity. They would have to determine whether the company was drilling in a lawful location, whether they were producing from a permitted zone, whether they were properly disposing of waste, etc.
Under this theory, I need to go check on my tenant in my rent house to make sure they aren’t violating any number of laws every single day.
As to the depreciation of value, if there is any, the landowner came into ownership knowing or should have known that a well could be drilled on their property, as the mineral estate is the dominant estate.
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What laws are being violated? The more you post, the more confusing it becomes, did you sign a surface use agreement with the operator or is the well on a neighbors property?
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It looks like you have a few issues that are bothering you. You may want to go to the OCC website and look at the relevant rules to distance to structures as well as noise levels. That may help to gain some relief. You may want to contact the operator to see if they have a mitigation team to help you.
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Rural Oklahoma I believe requires a 300’ distance from existing homes at the time of drilling. Municipals may have greater requirements. The problem with these minimums is they have not been updated for the large sites and equipment required for horizontal drilling. The OCC needs to implement noise reduction requirements. Good luck.
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