In the case of a mineral rights owner, if they do not give permission to oil company to drill, can the oil company drill anyway?
Dear Ms. Swartz,
The answer is it depends in what state the minerals are located. To illustrate, in Louisiana, the operator must have 80% of the minerals leased on the tract to begin operations. In Texas, a lease on any portion of the mineral interest is sufficient to begin operations.
If you are speaking as to if someone who owns 100% of the minerals and operations are conducted, I cannot think of an instance in which they would not be in trespass, unless the minerals were force pooled.