Me and apparently 24 relatives have become the mineral right owners of 7.5 acres in Kings County, California in Section 27. American Kings Solar is wanting to pay each of us to sign a right of way contract. It is unclear, with the legal jargon, if they are going to drill or just build a solar farm or plant of some kind. Surface Waiver is how they describe it 500 ft down. Since I live in Missouri and have no knowledge of Kings County, California, can someone tell me if this is legit, building solar out there or drilling?
Are they offering you a royalty over time or just a one-time payment? Usually you can reserve drilling sites on a surface easement for solar, but with only 7.5 acres that may not be possible.
Solar is legit here. Many solar companies want surface waivers so they have unfettered access to the surface. Here, in California, unless you waive your right to the surface, you have the right to use the surface to obtain your minerals. Depending upon where the property is located, it may or may not be suitable for hydrocarbon exploration. Just note that if you give a surface waiver, you will be forever barred from using the surface to explore for your minerals. This would mean that an oil company would have to have access to surface nearby in order to obtain your minerals. You could give them a waiver for a specific time frame and if they do not build a solar plant (they must have the land locked up before they can get approval, which too often does not happen) then it automatically reverts to you. Hope this helps!
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