Received a voicemail from solar company about a waiver for building solar farm. They already have agreement with surface owner. These mineral rights must have been purchased by my deceased father; this is the first I’ve heard of them. I’m not sure how to proceed. They mentioned compensation.
One thing to be very careful about before signing anything is how a solar agreement affects the surface use rights needed for oil and gas development.
Even if you only own the minerals and not the surface, minerals are typically considered the dominant estate. That means the mineral owner (or future operator) normally has the right to use as much of the surface as is reasonably necessary for drilling pads, roads, pipelines, etc.
Some solar farm agreements and “waivers” effectively block or severely restrict drilling locations, pad sites, access roads, or pipeline corridors. If the agreement prevents use of key portions of the surface, it can materially reduce—or even eliminate—the practical value of the minerals, especially if horizontal wells or multi-well pads are needed.
The compensation being offered is often one-time and modest, while the loss in mineral value can be permanent and far greater.
Before agreeing to anything, you should:
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Get a copy of the full solar agreement and any waiver language
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Confirm exactly what surface areas are restricted and for how long
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Make sure there is clear protection for drilling pads, access, and pipelines
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Consider having an oil-and-gas-savvy attorney review it
Solar companies are usually focused on surface development, not preserving mineral value, and once a restriction is granted, it can follow the land for decades. This is a situation where a little caution up front can prevent a very expensive mistake later.
Notice: Informational only. No attorney-client relationship is formed by this post. I am an Oklahoma-licensed attorney, but this is not legal advice. Do not share confidential facts in this public space.
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