Solar panels and mineral rights

My question concerns Solar Panels and mineral rights in Yoakum county. I’ve received an offer of to agree to no drilling where there are panels. . I don’t own the surface. There is land set aside of about 60 acres to drill and then go horizontally, if they do begin drilling in that area. I they get 50% of the owners to agree, it sounds like they can still put panels above my mineral rights, even if I DON’T sign and then I wouldn’t get paid for it. If that is truly the case, what is the downside of not signing? Seems like they can go ahead and use the land, but I would not be paid. The landman said that they are not tying up our mineral rights because there is land set aside to drill. He also agreed to alter the 500 feet standard to less than that. He didn’t say how much yet. Ive read quite a bit about this subject and there are many different opinions but my main question is can they still put them where my mineral rights they are even if I don’t sign, if they get 50% of the owners to sign. Thanks for any help on this!

Hi @Annie1596 I assume the moderator will move this to Yoakum County. Yours is a very interesting question and I look forward to hearing from oil and gas attorneys on this one.

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It would be wise to run this issue past an attorney that does solar leasing to make sure that no language in the agreement affects your mineral rights. The agent is not on your side and does not work for you. He/she works for the solar company and wants a deal to get finished.

Yes, in general, if an area is set aside for the pad, then horizontal drilling can be run from the pad. I am speaking as a geologist, not an attorney.

You might find this article helpful. https://nationalaglawcenter.org/wp-content/uploads/assets/articles/ferrell-solar.pdf

@Annie1596 By chance your offer wasn’t from a company named HOS Resources. Your situation is similar in some ways to what happened to me about a year ago. I was approached for my mineral rights but to put up a solar farm in Brazoria County. I was told the same thing my mineral rights weren’t tied up. After I got a copy of the contract and read some of it, I decided to do nothing. I was offered $200.00 an acre which it would have cost me more to see an attorney about. I told HOS I would listen if they wanted to make a better offer or negotiate. I never heard another thing.

[quote=“BOBBY1006, post:5, topic:74293, full:true”] @Annie1596 By chance your offer wasn’t from a company named HOS Resources. Your situation is similar in some ways to what happened to me about a year ago. I was approached for my mineral rights but to put up a solar farm in Brazoria County. I was told the same thing my mineral rights weren’t tied up. After I got a copy of the contract and read some of it, I decided to do nothing. I was offered $200.00 an acre which it would have cost me more to see an attorney about. I told HOS I would listen if they wanted to make a better offer or negotiate. I never heard another thing.

My offer was from 1000 solar c/o Longwood Developing Com for 6-800 per nma. Right now my biggest question is, since they can go ahead with their project, if they get 50% of the owner signatures, can they still put up panels where my mineral rights are? It seems like they can and I f so, that means they will continue anyway, the downside would be I would not get a payment for it. Does anyone know? I do not know a gas and oil attorney to reach out to and at this point I figure the cost of that would negate anything I might possibly make from it.