Viewing a single comment thread. View all comments

turbodsm OP t1_j225uuf wrote

But wait you can drill for oil and gas.

>Oil and Gas Extraction

The Agriculture Area Security Law specifically contemplates the extraction of oil and gas from restricted land, together with the necessity of the “appurtenant facilities related to…oil or gas development or activities incident to the removal or development of such minerals.” The exploration and/or extraction of oil and gas on eased land by a third–party holder of subsurface mineral rights is normally accomplished through a right-of-way agreement, oil and gas lease, or easement. An owner of restricted land, or an applicant to sell an agricultural conservation easement, would not be in violation of the deed of easement simply by virtue of having entered into oil and gas exploration by allowing the extraction of these minerals from the land. The oil and gas lease normally “reserves” the necessary or useful surface rights and privileges for the underground storage of gas, the right of ingress and egress, the right to erect temporary buildings, tanks, towers, stations, or other structures for surface support for the subsurface extraction of oil and gas. None of these reservations would necessarily violate the terms of the deed of agricultural conservation easement or Agricultural Area Security Law.

2