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Old 10-23-2008, 08:24 PM
 
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Property owners receive payment of royalties on mineral rights owned. This is the same sort of payment to the citizens of Alaska. It is not welfare.
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Old 10-23-2008, 08:31 PM
 
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I hope you noticed I made an attempt to bring in assorted states in my rebuttal. Note also that if someone owns the mineral rights to your land, they need no permission to come onto your land and start exploiting said minerals.

Florida surface access rights waivers for clear title, reserved mineral interests

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Florida Court Cases - Case Law and Opinions from the Courts of Florida - unoffical reports - Opinions - FL

These are cases and reports concerning severed mineral rights in Florida.

Sorry. Just updating your information. A title search on land deeds usually will disclose the owners of the mineral rights (as opposed to property rights).
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Old 10-24-2008, 08:22 AM
 
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Quote:
Originally Posted by JavaPhil View Post
the company only owns 1/8 of the minerals, this farm he needs a good lawyer.

This is good news

In some states, mineral rights revert to the surface owner under certain conditions such as death, failure to obtain production, or passage of a specified period of time. It is important to be aware that these types of laws may exist in your state, and they may provide surface owners with the opportunity to take possession of the mineral rights beneath their land. Several states have laws to this effect.
  • In Louisiana, if the minerals are not used (e.g., no exploration or production has occurred) within 10 years, the surface owner becomes the owner of the minerals.
  • In North Dakota and Ohio, if minerals have been dormant, i.e., the minerals have not been explored or exploited, for 20 years the surface owner can claim them.
  • In Michigan, a law that passed in 1998 provides landowners with the opportunity to petition the state to purchase the state-owned minerals beneath their land. They can do this only if there is no pending lease or development. Upon request from surface owners, the state must sell the minerals to them at fair market value, unless the state wants to reserve minerals to prevent damage in environmentally sensitive areas, or there is some other legitimate reason to keep the minerals in state ownership. A deed restriction then will be added to the property that prohibits the minerals from being severed in the future.

Last edited by cjma79; 10-24-2008 at 08:34 AM..
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Old 10-24-2008, 08:49 AM
 
2,742 posts, read 7,495,064 times
Reputation: 506
Quote:
Originally Posted by JavaPhil View Post
I hope you noticed I made an attempt to bring in assorted states in my rebuttal. Note also that if someone owns the mineral rights to your land, they need no permission to come onto your land and start exploiting said minerals.

Florida surface access rights waivers for clear title, reserved mineral interests

Programs — Land Trust Alliance

Florida Court Cases - Case Law and Opinions from the Courts of Florida - unoffical reports - Opinions - FL

These are cases and reports concerning severed mineral rights in Florida.

Sorry. Just updating your information. A title search on land deeds usually will disclose the owners of the mineral rights (as opposed to property rights).
Well I dont know, I have spoken with my father and he said he has never encounter any deed that the minerals are not in the deeds, so i dont know how common this is.

Also, the owner of the mineral has 30 years. After that you are the owner of the minerals.
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Old 10-24-2008, 02:49 PM
 
3,774 posts, read 11,229,634 times
Reputation: 1862
It does vary state to state, and if the option has not been exercised or renewed after a period of time, it often reverts to the property owner.

People have still been screwed over the mineral rights by companies that exercise the option as surface rights can be ignored in the exploitation of mineral rights.

God, I love business law (not!).
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