Yes, they can. You will only get paid if there are perforations in your section. This is often done near a tract line so that the curvature of the turn from vertical to horizontal is done on the non-perforated property and the horizontal perforations are only in the preferred tract(s). The landowner should get a surface use agreement for the pad being on their property. Drill pads need to be flat, so sometimes they move the surface pad to where the topography is more favorable.