Case Study: Access
Access questions are pervasive in mineral development projects across the West. The ability to access minerals differs substantially based on the nature of the mineral right; access rights for hard rock mining, for example, are substantially different than those for mineral lessees. The difficulty of obtaining access is often further compounded by the checkerboard nature of land ownership in the West and the many federal, state, and tribal authorities exercising jurisdiction. We routinely assist clients in analyzing their access options. We negotiate and draft surface use agreements; assist clients in the application and approval process for obtaining rights-of-way from federal, state, and tribal entities; and when necessary have successfully prosecuted condemnation actions to obtain access. For example, we recently successfully negotiated and drafted a complicated surface use agreement between Williams Production Company and the Colorado Attorney General's office which allowed Williams to develop its oil and gas rights in a state wildlife area.
|
|