Anyone have expertise negotiating surface waivers for solar projects? How do you price a surface waiver for solar? Is it a 1 time payment or an annual payment?
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The answer to your question will be state specific as the laws are different in each state. The best thing to do is get an attorney who specializes in that area of law because the mineral rights are dominant and room needs to be left for potential development of those rights.
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A surface waiver can severely damage a mineral owner’s rights. It should be carefully examined to ensure that the minerals can still be developed.
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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Will an attorney that specializes in solar law be able to negotiate the financial terms of a surface waiver? That seems to be one of the opaque areas within the solar space. Thanks.
There are lots of factors when considering signing a surface waiver for a solar development:
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Are the minerals in an area that is attractive for oil development?
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Is there sufficient surface areas set aside for mineral development?
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Is this a one-time payment or will there be a royalty-like income sharing with the mineral owner?
I would stick with an oil/gas attorney. Many have examined proposed surface waiver agreements.
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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