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Arizona Energy, Oil and Gas Questions & Answers

1 Answer | Asked in Real Estate Law, Energy, Oil and Gas and Land Use & Zoning for Arizona on

Q: I'm thinking of buying some land. Someone else owns the mineral rights. Can they drill on my land as much as they want?

New Mexico and Arizona Land Company v. Elkins, 137 F. Supp. 767 (D.N.M. 1956) - not sure if this says they can destroy the surface in the mining effort but it seems that's what this decision is saying. Why do they get to operate at will on the surface to take minerals/oil? Doesn't that invalidate... Read more »

Gregory Andrews Cade answered on Apr 19, 2017

In areas where mineral exploitation is common, the mineral owner might choose to exercise his rights to access and mine the minerals owned. The landowner is protected by state and local laws regulating the period of drilling or the depth of excavation. To evaluate a potential investment, consult a... Read more »

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