I am being approached by a surveying co to run seismics lines on my property. I have a signed lease with a company. They are offering me $15.00 per acre for the surveying, however the man tell me that the share I will receive will be my & of mineral rights. Since there are no minerals being drawn from the earth should I not get all of the money?
Don:
You didn't state where your property is located but the last information I heard in regards to seismic work was $25 per acre. I would check out the company wanting to do the seismic work and make sure they have appropriate insurance in the event of surface damages as a result of the activity. Further, I would never allow seismic work to be conducted without a mineral lease in place if you own the minerals.
First, look to your lease for what/any provisions that may address this issue of compensation for seismic surveys. Second, unless otherwise provided for in your lease, the $15.0/acre is usually a compensatory fee of liguidated “damages” paid to the surface owner for expedition of the survey. Is the survey being commissioned by your lessee? If not, yes, and if your lease does not confer exclusive seismic authority to your lessee, then a 3rd-party may be trying to get a permit to shoot and be offering to pay mineral/surface owners accordingly. This needs more knowledge on your part of what’s going on. A ready hard-core 3rd party may be trying to permit/pay a minority mineral owner as a gateway to the tract and avoid paying other owners, don’t stand for this if you are the surface owner. Also, make sure that the $15/ac. is for the whole/gross acres … not merely the 10-20’ width x ? length “sendero” of the survey lines. Ask for a pre-shoot map on the contemplated survey, require safe distance from wells, building foundations, etc. … they can off-set the energy source from these fragile culturals and still lay their receiver lines accordingly for a competent recording.