Effect of Wind Energy Lease on Mineral Rights?

A section where I own a substantial amount of mineral rights has just been leased to a Wind Energy company to make and produce energy. Can this type of lease prevent O&G leases being offered or executed? Here is the only wording in the “Memorandum of Wind Energy Lease” that mentions O&G leasing:

“7. The Lease is for the additional purposes, is of the nature, and is subject to the requirements and limitations, set forth therein. The Lease also contains various other covenants, obligations and rights of the Parties, including, without limitation, provisions relating to Rent, termination of the Lease, quiet enjoyment, division of the Lease into separate agreements, conduct of Operations, restoration of the Property, assignment and lender protections, and rights of the Lessee to participate in negotiations for use of any portion of the surface of the Property for any activity related to exploration for, or production and marketing of, oil, gas, or other minerals from the Property.”

Historically, the mineral estate trumps the surface estate. The one thing that wind/solar can affect is where a well is located. If your mineral holdings are where horizontal wells are drilled, usually, the Operator can drill around the location of wind turbines. Most wind/solar companies try to plan around future oil/gas activity where they can so that there is no litigation over accessing the mineral estate.

Thanks - knowing the minerals trump the surface, I still wonder if this will discourage O&G exploration where this occurs?

This topic was automatically closed after 90 days. New replies are no longer allowed.