Legal Question in Real Estate Law in Michigan
What are rights of Surface Landowners when Gas Co wants to drill
I bought 10 acres of land without mineral rights 9 years ago. I use if for recreation and plan to build my private, secluded retirement home there in the next 10 yrs. Last Thanksgiving, DTE Gas Co. informed me that they were proposing to put a gas well and access road in the middle of my land (where the stakes are for my house). 2 weeks later, before I could hire an attorney, they applied for a drilling permit. Their letters tell me I have no rights and that they will only give me 5 days notice before bulldozers destroy my trees and property for their well. I hired an attorney, but he won't tell me my rights or negotiate for moving the sight or compensation. He is siding with DTE so I am firing him.
What are my rights as a surface owner? What steps is DTE required to take before destroying my property and drilling when I told them NO? I have not received a Damage Report or offer of compensation for the trees and continued usage of over 1 acre plus the access road. Don't they need to sign an agreement with me for use of my surface land?
1 Answer from Attorneys
Re: What are rights of Surface Landowners when Gas Co wants to drill
It may very well be that your attorney has done all he can do for you. You should get another opinion from a different attorney. I suggest you go to a large firm that has attorneys who have experience in this area. Possibly your attorney can get a restraining order to stop the process temporarily.
Good luck.
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