We have been approached by a Solar Farm project to sign a Mineral and Solar Set-Aside and Joint Use Agreement for 100 acres we own the mineral rights to in Yoakum County. We do not own the surface land. We were offered a one time payment for this agreement. Are these types of agreements usually a one time payment or should it be a yearly lease type payment, like I am presuming the surface owner will be getting? The agreement has land access set aside but restricts access to below 500 feet.
A surface agreement could seriously impact or even prohibit the ability to produce minerals. It is a very good idea to have it reviewed by an experienced oil and gas attorney. In your case this should be in Texas. You don’t necessarily need an attorney in Yoakum County or its vicinity. If the payment is attractive, you should spend the money for the legal advice. If its not enough, then it is not worth the risk of a negative impact on the value of your minerals.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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In Texas the mineral estate is dominate over the surface estate.