ejmarkow
21.04.06, 11:55
Here's a nice legal question to grapple with. Approximately 6 weeks ago, a
Warsaw based geology group set up a small trailer on my neighbor's property
down the hill from me. They claimed to be sending electronic sonar waves
beneath the ground to see what was 20 kilometers below the surface. They
mentioned the possibility of oil and gas reserves in this area. It does make
sense since the Krosno, Bobrka, Jasło regions were and are known for such
deposits. The Carpathian mountains and foothills historically contain oil and
gas. It must be remembered that Ignacy Łukasiewicz, born in Galicja and based
in the Carpathian foothills, was the founder of the Polish oil industry and
one of the pioneers of oil industry in the world. Among his achievements were
the discovery of the refining of kerosene from crude oil (1852), kerosene
lamp (1853), the founding of the first oil well (1854) and the building of
the first oil refinery (1856).
Yesterday, I was repairing the unpaved road that leads to my house, filling
in holes made from the melting winter snow with gravel and earth. I noticed
two young surveyors on my neighbors property, measuring boundries and placing
markers running from my forest up to the end of his land. I approached them
and kindly asked in broken Polish what they were up to. They replied they
were marking areas from a recent geological survey, and that oil or gas may
possibly exist in the area, but more research must be conducted as to how
much may actually exist. I asked them the following question, "If oil or gas
does indeed exist on any private property, then who actually owns the
deposits below the surface?" They replied, "Anything below the surface is
owned by 'Skarb Panstwa' (the state or government body of Poland)". They also
mentioned that the only fees collected by the owner of such land would
include lease fees for the land, and nothing for the actual deposits
contained below the surface. Does anyone know if this is true? In Poland, is
the owner of the land, also the owner of anything below the surface, or does
the 'state or government of Poland' actually own it? I think in the USA, the
owner of the land would be able to collect large royalties for any mineral or
energy deposits from a firm wishing to mine or refine on that location
because the person that holds title to the property is also the owner of
anything below the surface, though I'm not 100% sure. How is it is Poland?
What do you think or know on this subject? Thanks.
Eugene