Surface Damage Claims Against El Paso Oil and Gas - Legal Help for Landowners

An oil and gas company with leased mineral rights in El Paso has the legal right to build the infrastructure needed for oil production. However, this may cause a conflict with landowners, as mineral rights undermine surface rights. Landowners are typically entitled to compensation for damages regardless. An experienced Texas lawyer will diligently pursue such a claim, navigating complex legal procedures to secure the maximum compensation you deserve.

At Carabin Shaw, our Texas attorneys hold oil and gas companies accountable for breaching their lease or causing unnecessary damage to the surface during the oil production process. We understand that mineral rights holders have the upper hand regarding surface use for mineral extraction, but we can help you preserve your rights as a landowner. Call our toll-free number at 800-862-1260 to schedule your free case review today. Someone is available to speak with you 24/7 in English or Spanish.

Drilling, pipeline construction, and fracking alter the land's surface to extract the minerals beneath it. Oil and gas property damage in El Paso, Texas, is unique to the land and its previous use but may include the following:

• Tree and vegetation removal
• Land clearing
• Soil erosion
• Construction of access roads
• Water contamination
• Crop contamination
• Air and noise pollution
• Oil spills
• Aesthetic harm
• Lost income from interruption of surface use

Once production begins, an oil and gas lease can last for decades. It stops when the oil company stops or when no minerals are left to extract. If the surface estate owner does not also own the mineral state, they have minimal control over surface damage. The Environmental Protection Agency (EPA) also regulates oil and gas environmental damage from pollutants.

Some landowners may not realize that there are two sets of rights available on one parcel of land: surface rights and mineral rights. Mineral estate owners have the right to extract minerals from beneath the surface, and they have the right to do this without permission from the surface estate owner, within reason.

Surface owners depend on the goodwill of the mineral estate holder to enter into lease agreements. Hiring an experienced lawyer in El Paso to review the lease will help you better understand your rights and negotiate better compensation. The Texas legal system also recognizes the common law accommodation doctrine, which requires mineral rights owners to accommodate surface rights owners’ previous land use when possible.

Getting compensation for surface damage in El Paso TX is much easier when the terms of the oil and gas lease agreement stipulate payments. The amount of compensation may be a certain amount per acre of land on agricultural land or a certain amount for long-term contamination or loss of intrinsic value in forested land. The oil and gas company may also pay remediation costs for time, labor, and materials in recultivating land.

The statute of limitations for property damage in Texas is typically 2 years from the date of damage. Still, El Paso oil and gas attorneys may be able to extend this date if you discover the damages later. The most important part of this legal action is evidence to prove that the oil company caused the damage. Evidence may include:

• Photographs
• Videos
• Expert testimony
• Legal documents or regulations
• Eyewitness testimony

Speaking to an attorney will help you to understand if you have legal grounds for a lawsuit. Read our client reviews to learn more about the quality legal services at Carabin Shaw.

Reading the oil and gas lease associated with your surface estate will help you better understand your options for surface damage compensation, but it doesn’t replace an expert legal consultation. Carabin Shaw offers our services on a contingency-fee-basis, so you don’t suffer further financial risk during your legal process. We don’t get paid unless we win your case.

Our team of El Paso lawyers at Carabin Shaw can help you file a claim against an oil and gas company. Protect your landowner rights today by scheduling a free consultation. We have English- AND Spanish-speaking staff available to assist you 24/7.

For more information:

• EPA
• RCC Texas
• TX OGA