Q: If I think I have damages that fall under Section 30 of the Surface Rights Act, what should I do?
You may retrieve a Damage Application form here on the Board’s website. You would fill in the appropriate information and return it to the Board with your lease/easement agreement attached including the plan.
Q: What if damages occur on my land from a surface lease or Board Order on my neighbor’s land (and I am not a party to that lease or named as a Respondent in the Board Order)?
You must be an owner or occupant and be a party to the surface lease or named as a Respondent in the Board Order in order to apply under Section 30 of the Surface Rights Act. You may contact the Farmers’ Advocate’s office or seek legal advice to determine your rights.
Q: What if the damages total over $25,000.00?
The Surface Rights Board cannot award more than $25,000.00 for damages, you may contact the Farmers’ Advocate’s office or seek legal advice to determine your rights for claims that exceed that amount.