El-co land services /Ted Renewables asking surface waiver for solar project

Kansas Mineral Rights
1

My grandfather own gas wells in Kansas. El-co land services /Ted Renewables reached out to have him sign away the surface rights and 50 feet below the surface for their solar panel project, but we would still maintain the mineral rights, however they may obviously be affected. They informed me they do not need his permission to go forward however their incentive for doing so has increased 8 fold since my first discussion with them. They have not provided a surface damage agreement infact the contract states “This indemnity shall not apply to, and neither Party shall be liable to the other Party or any Indemnified Party for consequential, incidental, punitive, exemplary, or indirect damages, lost profits or other business interruption damages arising by statute, in tort or contract”.

They have also not provided a “lease proposal” or development plan.

Anyone with tips or suggestions on how to approach this or what to do would be very helpful. I have reached out to 3 mineral attorneys in Kansas and no one has responded.

2

How much of the minerals does he own? How many acres are impacted? I would be hesitant to sign away my surface rights in most situations without explicit terms guaranteeing specific acreage and locations allocated for current and future wells. I would reach out to the operator of the gas wells - contact their land and/or legal dept and talk about it. Because they are being approached for the same issue. And they have a much better idea about future development than most or all mineral owners do.

I have an oil and gas lease in Texas with solar on surface, but all horizontal wells (rendering the solar issue almost a moot point). In Kansas you won’t have horizontals most likely so surface access to get to the minerals is very important. Agreeing to specific locations and acreage for future development is necessary in my opinion. Anxious to hear what your gas well operator has to say.