Kiowa Co., CO, My question: What status do mineral owners have with a Solar facility where I own minerals only? #1- a one-time payment, #2-monthly payment for production, as one does with O&G developed properties held by a lease, or what can we expect?
Strictly an amateur opinion, but intuitively it seems you have no rights to any revenue generated by solar production. Your rights are for minerals and since the solar array is on the surface of the land only the owner of the surface estate is entitled to the revenue generated by solar panels.
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Minerals are dominant over surface use in most states unless they can talk you out of it. Be careful with a solar lease as you need to leave room for a surface location on your section or an adjacent one. Wise to get a good oil and gas attorney to review any solar lease to make sure your are not giving away any rights and are getting a competitive rate for the bonus.
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Thank you Martha! That’s the position I was hoping for. And yes, (as always) with your great advice I will be connecting with an O&G attny knowable in this situation. Assuming I will need one that is licensed in CO.
Yes, attorneys must be licensed for the state where the minerals are located.