What are Montana surface owner rights?
Risti:
Usually a surface owner and the oil company agree to specific terms for surface use in a "Surface Use Agreement" or "Easement" document. This document states what is expected of the oil company in the event of surface damages, roads to the location(s), etc. The document should be recorded at the County Clerk's office in property records. The surface owner should always remember to amend the document in the event of a change of ownership of the well(s). This instrument will support any legal matters against the oil company if the occasion arises.
Thanks for your reply. Is there any instance where the surface owner can acquire the mineral rights if minerals owner doesn't exercise his rights within a specified time?
Risti:
Yes, in some States, the surface may acquire minerals if they are deemed "dormant". You will have to review the individual States statutes regarding this matter. For instance, in North Dakota, a mineral owner must claim their mineral ownership over a certain time period if no activity has taken place. Again, check with the State Agency that regulates oil and gas and they should be able to elaborate on this matter.
Again,
Thank you.
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Risti, Mr. Mallory is correct about North Dakota, however Montana does not have a similar law. You'd need to purchase them from the current owner (or more likely owners). You'd begin with the county records to see where the minerals were severed from the surface. Then most likely need to seek estate/probate records to determine the heirs of those who originally acquired the minerals. Once you've identified the present owners of the minerals the hard part begins.
I'd expect a purchase to be a tough task at present. The oil business is currently "hot" and all the Bakken publicity has every mineral owners believing all minerals are worth thousands per acre. In the middle of an oil field this may be a fair valuation. Yet they're likely to want the same even if your minerals are located far from any current activity. Though you never know. Perhaps you'd be pleasantly surprised. So if you're near your county courthouse you could start the research part. The first step is to discover 'where' your minerals are. Then if an opportunity to buy turns up you'll be ready. Good Luck.
I have a few, different sections (all in MT) inherited from many different persons and need to change name from my Mother to me. Live in New Jersey so guess I'll have to make a trip(s) to Glasgow. Since these "Rights"
have been passed down over the years was curious about the surface owner whether or not they had any rights
to my inherited rights since mine have been dormant.
Risti:
Might be a good move to make the trip. Good learning experience and possible local contacts. Be sure to make reservations as when I called over a year ago, rooms were booked for about one month ahead. Be sure to have all records with you and make notes on what you want to accomplish. I use Laura Christopherse Law Firm in Culbertson, Mt and had good results. Wouldn't hurt to give them a call.
Risti Talbott said:
I have a few, different sections (all in MT) inherited from many different persons and need to change name from my Mother to me. Live in New Jersey so guess I'll have to make a trip(s) to Glasgow. Since these "Rights"
have been passed down over the years was curious about the surface owner whether or not they had any rights
to my inherited rights since mine have been dormant.
Thank you.
Risti:
Check rates to Rapid City, SD as I have found them to be cheaper. About a 4-5 hour drive to the area of your interest. Great scenery out of SD.
Thanks for the info.