I am a retired US Veteran wanting to start a small, 160 acre ranch. I can buy the property but it appears mineral rights were sold 30 years ago. That's fine, I don't plan on drilling or digging other than a water well, but I want to make sure the mineral rights owners can't just come start digging on my property in 5-10 years when they find a new way of extracting the new mineral of that day.
My question and I'll make it as simple as I can, can the surface owner (me) DENY the mineral rights owner any drilling or disfiguring or contaminating of my property at any time of ownership even if the mineral owner suddenly decides they want the minerals below the ground?
I'm not talking about nor do I want to take the minerals for myself, I just don't want any jack--- on my property, at any time, ever messing with my land, herd, water or grasses.
So who trumps who, do they have the right of "eminent mineral domain" if I never agree to let them on my land? (in Colorado)
Thanks for your help.
Kemper
Steve, Colorado may have specific state laws I am unaware of. Though in general, the owner of the surface cannot deny the owner of the minerals the right to explore, and/or produce, the minerals under the property.
However, the surface owner can extract terms in the surface use agreement which protect his property to the best degree possible. Within that agreement the surface owner is also compensated for the use, and/or damages, of their property. You should seek out the most experienced legal advice you can find to craft the agreement if that day comes. This isn't something to negotiate on your own. Though bottom line is the mineral owner's right to their property (the minerals beneath a certain tract) exists and cannot be denied by the surface owner.
Thanks for the info and yes, I would think that at least an agreement/contract (use/damages) from them would be in order once I decided to let them on my land. However, I wanted to know and will seek out legally now unless someone else knows, if I flat out deny them coming on my land, can they do so anyway and if so, what is reasonable? Setting up 5-10 oil or gas wells is not reasonable to me at all, but they may think it is...thanks.
SW
Yes they will enter with a court order and a sheriff if necessary. As many wells as they deem necessary is the standard of reasonable. The court will assume that if the operator is willing to spend millions of dollars drilling however many wells, they must be needed. If you really want to be left alone, settle where you can get the minerals also. 160 acres could be enough to insist that your minerals will not be orphaned and the operator would have to lease and pool a lot more acreage before they could force pool you if you protest. I believe that the operator needs to lease more than 50% in Colorado to prevail in force pooling a mineral owner. I think that's right but you might search and check me on that. Thank you for your service and good luck.
Thanks RW. I do have one question though...you mention that I can "insist my minerals not be orphaned..." and I'm not sure how that's done when as of today and according to the paper I'm looking at, it's been "sold to this LLC as of 11 years ago" and that transaction started and was passed down and changed hands starting over 30 years ago. You mean that before I purchase the land that I can ask that I be given the minerals back (since it's 160) and renegotiate the minerals portion of the sale? I don't think that's what you mean, just checking. Also, yes, my plan is to purchase land with mineral rights, but that is harder and harder to do these days. Thanks again.
Steve, the minerals under that spot in question are gone, I doubt the present owner of the minerals would want to part with the minerals now but you could make them an offer. I would be looking for some place where the minerals were never severed, far from any current or any good past activity. Either that, or settle wherever you can and deal with what the future brings as best you can. I do know that you will not have much say if you don't own the minerals because you knew when you purchased the land that they could come and drill a well some day. I wish I had something better to tell you.