(1) The mineral lessee has the right to use the land surface as necessary in order to explore, develop and mine the leased lands.

(2) Any sale, contract for sale or lease of state land which has been leased for minerals pursuant to this subchapter shall be made subject to such mineral lease and the surface owner, purchaser or lessee shall not be entitled to surface damages.

(3) If the surface of the land leased for minerals pursuant to this subchapter has been previously sold or contracted for sale or leased, the rights of the prior purchaser, contractee or lessee shall be protected as required by law and the board.