I hope you don't mind me posting, but i could use some helpful advice and so far this is the only forum remotely close to the information I seek. My husband and I purchased some property about 6 years ago and placed a home on it. It had an existing well on the property. The minerals are federal minerals leased to first Oakland Petroleum, and now Vintage Petroleum. Do you know of any circumstances in which the surface owner has been compensated for the loss of their land? I know the minerals is the dominate estate, but they just came in and tripled the size of the well on our property! We are slowly losing our land :(
Tiffany,
Read the conditions reserving the minerals in the patent deed. That should give you an idea of the mineral owner's rights to use the surface. However, most states have overriding laws that allow for compensation to be paid to the surface owner in the permitting of a well. Check with the CA oil and gas regulatory body and they will look up the permit requirements. You should get something even if a bond is posted to perform reclamation work.
Thank you for your help, where would I find a patent deed? The BLM has a guide called "Split Estates" but there is not teeth in it. When I called DOG and the BLM both said they didn't like to get involved.
Thank you again
The BLM knows. Write them a request letter with the quarter-section reference. They have copies of the patent deeds needed to administer OUR government lands. They may also have the terms of the lease granted to Oakland and assignments to others. It could be that the BLM granted the permit but that depends on the Federal acreage in the Unit. Send a copy of your letter to your congressman. GLH
Tiffany Rowden said:
Thank you for your help, where would I find a patent deed? The BLM has a guide called "Split Estates" but there is not teeth in it. When I called DOG and the BLM both said they didn't like to get involved.
Thank you again