mineral rights and private property (for sale, leases, new house)

[pittsflyer]

My understanding is that the state of alaska owns ALL mineral rights in the state (other than maybe federal land). So can the state sell leases to minerals which include peoples private property and have oil companies rolling rigs into peoples back yards?

I was just reading up on this and I was floored that surface rights were subservient to mineral rights in most states. Sure if I am going to walk away a multi millionaire drill away, but if all I am getting is a pittance for surface rights then why should the law side with the mineral rights holder, shouldn't they be forced to negotiate with the surface holder if they want to develop (most people have their price).

[RexLan]

Not quite accurate or as dramatic as you make it. I own the mineral rights to several properties I bought many years ago in interior and subsequently sold the property but retained the rights.

The holder can exercise their rights; however, they are accountable for all loses to the surface rights holders loss of use and enjoyment of their property. By no means should the mineral holder be obligated to "share" anything. The minerals, ie. oil, is their exclusive property. Next the fishermen will have to share the catch since it is state owned, federal, international or public waters they come from. They do not have the "fish rights", but stay tuned. If there is a buck to screw someone out of it will eventually happen.

Don't forget mining claims both state and federal.

That would be one heck of a backyard indeed to have an oil rig roll in and set up shop!!

Me thinks you have a bone for the oil guys ..... just sayin

[arctichomesteader]

Damages paid to surface rights owners are a joke everywhere. If you doubt me spend some time in western PA where the world's best black cherry grows. Except where mineral rights holders forever wiped out the productive soil.

All it takes is a legislative act to make mineral rights subservient to surface rights and I think that's going to be the case eventually. The current law is a relic of the 19th century when this country was largely undeveloped and sparsely populated..

[6.7traveler]

Land with surface and mineral rights is seriously hard to find in Alaska.

I don't own the mineral rights under my land as the great state of Alaska does. I'd be seriously surprised and obviously bummed if anyone ever showed up to extract anything from it.

Outside of patented mining claims, where can you find land for sale with both surface and mineral ownership in Alaska? I can't think of many properties I've seen for sale up here where the mineral rights are included.

[Northrick]

Native corporations also have subsurface rights. Think Red Dog (NANA) and Donlin Gold (Calista).

[Northrick]

As far as an oil rig in your backyard, anyone remember the big brewhaha when a company was looking at coal-bed methane extraction in the Mat-Su valley? Residents out there got quite worked up over the thought of just that.

[stiffnecked]

Originally Posted by RexLan

Not quite accurate or as dramatic as you make it. I own the mineral rights to several properties I bought many years ago in interior and subsequently sold the property but retained the rights.

The holder can exercise their rights; however, they are accountable for all loses to the surface rights holders loss of use and enjoyment of their property. By no means should the mineral holder be obligated to "share" anything. The minerals, ie. oil, is their exclusive property. Next the fishermen will have to share the catch since it is state owned, federal, international or public waters they come from. They do not have the "fish rights", but stay tuned. If there is a buck to screw someone out of it will eventually happen.

Don't forget mining claims both state and federal.

That would be one heck of a backyard indeed to have an oil rig roll in and set up shop!!

Me thinks you have a bone for the oil guys ..... just sayin

Very few properties in Alaska have mineral rights unless they were acquired before statehood or if they were parented, deeded federal mining claims. Good for you for keeping the minerals.

[Rance]

They don't need to park a drilling rig on your property. They can directional drill from a mile away and tap into any reserves directly beneath you 2 miles deep.

[pittsflyer]

Originally Posted by RexLan

Not quite accurate or as dramatic as you make it. I own the mineral rights to several properties I bought many years ago in interior and subsequently sold the property but retained the rights.

The holder can exercise their rights; however, they are accountable for all loses to the surface rights holders loss of use and enjoyment of their property. By no means should the mineral holder be obligated to "share" anything. The minerals, ie. oil, is their exclusive property. Next the fishermen will have to share the catch since it is state owned, federal, international or public waters they come from. They do not have the "fish rights", but stay tuned. If there is a buck to screw someone out of it will eventually happen.

Don't forget mining claims both state and federal.

That would be one heck of a backyard indeed to have an oil rig roll in and set up shop!!

Me thinks you have a bone for the oil guys ..... just sayin

So you don't think you should have to return the land to EXACTLY the way it was before you went in and mined or drilled, to include replanting trees of the exact same size and type?


Who is the entitled one in this case anyways? Its not cheap to return the land to the way it was PROPERLY, after the mineral rights holder gets rich they will kick and scream that they should just be able to half arse the reclamation because they have their eye on a new yachat.


Also are they going to buy me a new house away from all the noise and dust of a mineral operation? Or put me up in an equivalent property until the property is reclaimed (plus maintain my existing property while I am away up to my standards), I think not and that's why I think mineral rights owners will eventually lose because they want to be able to trample surface owner rights because of their arrogance due to precident of subservient surface rights.

[pittsflyer]

Originally Posted by Rance

They don't need to park a drilling rig on your property. They can directional drill from a mile away and tap into any reserves directly beneath you 2 miles deep.

And that's the way to do it so long as its not creating noise pollution, dust, etc. Although I don't think they can do that with gas fracking.