Mineral Rights, Severing & Reservation of Minerals
Issues Regarding Severed or Split Estates
In 1916, a public lands act was passed by Congress effecting a general reservation of valuable minerals in the lands patented under the Act. Colorado recognizes the separate ownership of the Mineral Estate and the Surface Estate, each having distinct private property rights. When different parties own the surface and the subsurface - a common occurrence - this is referred to as a Severed or Split Estate. If you wish to drill in a certain area, you will not then need permission of the property's owner. A Colorado oil and gas lawyer can help you pursue what you will need - permission from the U.S. Department of the Interior's Bureau of Land Management to lease the rights.
Another option is to purchase the entire land package, in which case your legal counsel can provide a title opinion and guidance throughout the transaction. Your legal representation can take on negotiations with private owners regarding such a transaction or when offering compensation is the best option. Drilling on public land may at times be subject to protest by citizen groups, in which case legal advice and representation is vital in order to defend the continuance of your project. Your legal counsel can help to prevent a situation in which you risk suspension of drilling by ensuring you are in compliance with COGCC regulations.
Colorado Oil and Gas Law Attorney
With tightened federal policies resulting in more scrutiny over awarding oil and gas leases on public lands and the barriers that can arise regarding severed estates, it is crucial you consult with the team at Cantafio Nagel & Song PLLC. We will relentlessly defend your rights, help you to understand your obligations, and identify creative solutions which allow you to achieve your goals within the framework of these requirements. We can also help with cases involving mineral rights & property division.
For guidance with rights and severance issues, contact a Colorado oil and gas lawyer today.