If there are different owners of surface rights vs mineral rights, who is entitled to surface damages?
No-one is entitled to surface damages except a surface owner who has been unreasonably wronged.. Are you a surface owner?
Surface owner is entitled to damages and compensation for all use of surface, including well pad, pipelines, electric lines, roads, etc. Most people are using Rate and Damage Schedule of University of Texas Lands, new schedule every Sept 1. Surface owner owns caliche and is entitled to compensation for it. If a producing well is converted to a saltwater disposal well, then the surface owner is paid, preferably a per barrel fee. If you own minerals and surface, add a clause to oil & gas lease providing for payment for surface use. Do not accept an oil company argument that this is included in the bonus. The bonus is not reduced because you do not own the surface.
Thank you sir! Good info.