We’ve been contacted by a company that would like us to execute a Waiver of Surface Rights for a solar farm in Victoria County, TX. Does anyone have a recommendation for an oil and gas attorney in/near Victoria County, TX that might be able to assist us with this request? We would like to protect our interest in our tract (150.38 acres) in the event the tract is leased in the future. Thanks!
I think their lender will require that 85% of the mineral interest consent to the solar farm. With that the mineral interest holders will want to make sure that easements are provided for mineral development. This will be roads and pad sites so that the mineral estate can be fully developed. Make sure the agreement does not include terms such as “…mineral owner will provide insurance…” or any other ludicrous requirements. Make sure the easements are adequate for equipment and pad sites of sufficient size for operations and storage.
I hate this use. And for the surface owner I think it converts the use from agricultural to commercial potentially causing property taxes to sky rocket. Then at some point the operator might fail and surface owner is potentially left with acres of glass and big taxes.
My in-laws were approached in a neighboring county and they passed on the opportunity. Thank goodness.
Thanks for the information William. I’ve passed your comments on so hopefully consideration will be given regarding protecting the surface owners.