I'll admit up front I'm confused and need some clarification and advice. I own an acreage in south central Oklahoma in Pontotoc County - surface ownership only. After an aggressive effort to contact me, a seismic company from Tulsa notified me that they wished to conduct seismic testing on my property and wanted me to allow them access. They are willing to pay $1000 up front to cover any damage their activities may cause. I told them no thanks, I was not interested in giving anyone permission to come onto the property. Two days later, I received a letter in the mail acknowledging my refusal to grant them access and indicating that if I didn't change my mind they would go to court to get authorization and a temporary restraining order to force their way onto the property. OK, if I don't have the right to say no, what things do surface rights cover?
Dennis:
I am not familiar with Oklahoma laws in general but in some other States that I am familiar with, the seismic compnay can go to court and gain access via the court to enter the property. The seismic company cannot utilize any improvements made by the surface owner such as roads or bridges which exists on the property. They must also compensate the surface owner for any surface damages to the property. If I were in your position, I would agree to this seismic shoot on my property and negotiate an agreement with strict terms in writing regarding damages and compensation.
Dennis,
I don't think you have the right to keep them off your property since you are only the surface owner. That could cause the mineral owners property lost to future production.
You do have the right to get entry fee, usually about $10 per A and damages. The damages are figure at the rate of the growning crop. So, if they drive over 2 A of wheat, you figure the per bushel at today's price, that is the lost. Pasture isn't very much per A.
Good Luck.
I HAVE HAD SEIMIC WORK ON MY PROPERTY IN EAST TX ,FEE IS USUALLY 150-200 PER SHOT
THEY USE A FOUR WHEELER AND CAUSE LITTLE DAMAGE
Virginia Pflum said:
Dennis,
I don't think you have the right to keep them off your property since you are only the surface owner. That could cause the mineral owners property lost to future production.
You do have the right to get entry fee, usually about $10 per A and damages. The damages are figure at the rate of the growning crop. So, if they drive over 2 A of wheat, you figure the per bushel at today's price, that is the lost. Pasture isn't very much per A.
Good Luck.
John,
DId they drill holes on your property? All the seimic work they had done on several of my farms in Oklahoma where 3-D done with a geophone. They did little damage to the pastures, but did drive on the wheat and that didn't make a crop. I did get more on one farm, but the standard rate was $10 per A for the whole farm. So, if you had 160 acres, it was $1600 plus damages.
I HAD 2-D AND I HAVE ONLY TIMBER AC ALSO 100/AC IS A GOOD PRICE
YES THEY DID DRILL ON ONE THE HOLES THEY SHOT
Virginia Pflum said:
John,
DId they drill holes on your property? All the seimic work they had done on several of my farms in Oklahoma where 3-D done with a geophone. They did little damage to the pastures, but did drive on the wheat and that didn't make a crop. I did get more on one farm, but the standard rate was $10 per A for the whole farm. So, if you had 160 acres, it was $1600 plus damages.
Thanks to everyone for your input. The acreage they want to map is mostly hardwood timber. Am I going to end up with an alley-way cut through the trees or are they going to be able to string their cable with minimal surface disturbance?
Dennis:
First, I believe that this is a matter that you should discuss with the company which will actually do the testing. If there is a possibility that damages to trees could occur, this and other matters should be addressed in the agreement.
Dennis Miller said:
Thanks to everyone for your input. The acreage they want to map is mostly hardwood timber. Am I going to end up with an alley-way cut through the trees or are they going to be able to string their cable with minimal surface disturbance?