The Burlington Northern Santa Fe Railroad, as current successor to the Gulf, Colorado and Santa Fe Railway Company, owns and operates a railroad crossing Love County Oklahoma. The right of way for this railroad was granted by Congressional actin July 4, 1884. The Congressional language is clear that the Rail Company was allowed the ROW expressly for operating the rail business. Subsequently a 20 acre parcel of land was conveyed to an aunt in 1908 by allotment from the Choctaw and Chickasaw Indian Nation. The allotment recognizes a “8.64 acre right of way” for the Rail company. For years the family has had the oil and gas rights leased repeatedly for the full 20.02 acres. Recently a lease agent offered to lease the acreage less the railway easement. I have a request into the Bureau of Indian Affairs for clarification on the ownership of the oil & gas rights underlying the Rail company’s ROW. We are not likely to be the only ones to have this circumstance, so I am looking for any experience with this matter.
Gut reaction, if only a ROW was reserved that would not impact the minerals below. However, you have lots of moving parts and this may involve some research for an opinion.
Richard Winblad
Thanks Richard, the key as I understand it is the language used in the ROW grant by the Choctaw and Chickasaw Nation. I have read several opinions and papers written by Oklahoma Oil and Gas Attorneys, and haven’t gotten a conclusive answer based on the limited information I have. That is why I thought others who own oil and gas interest along the BNSF railroad through southern Oklahoma may have had to deal with this. I am not hopeful the BIA will act anytime soon.