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An aspect of property law that is central to mining law is the question of who "owns" the mineral, such that they may legally extract it from the earth. This is often dependent on the type of mineral in question, the mining history of the jurisdiction, as well as the general background legal tradition and its treatment of property.
An early case involving a property dispute between a father and son involving ownership of coal veins in Pennsylvania is cited stating; “One who has the exclusive right to mine coal upon a tract of land has the right of possession even as against the owner of the soil, so far as it is necessary to carry on mining operations.” (Turner v.
His bestselling book, Mine: How the Hidden Rules of Ownership Control Our Lives, was published in 2021 by Doubleday and positively reviewed in The New Yorker,, [6] New York Times, [7] and the Financial Times [8] among others.
"My claim, Sir!" A prospector defends his claim at the Comstock Lode, 1861.. Miners and prospectors in the California Gold Rush of 1849 found themselves in a legal vacuum. . Although the US federal government had laws governing the leasing of mineral land, the United States had only recently acquired California by the Treaty of Guadalupe Hidalgo, and had little presence in the newly acquired ...
There are various terms describing ownership interests in an oil or gas well. An interest signifying a duty to pay expenses is called: Working Interest: the share of well drilling or operating expenses paid. The owner of a working interest will also own a corresponding, but usually lower, net revenue interest. Interests in receiving income include:
The Hard Rock Miner's Handbook is a reference book that deals with the underground hard-rock mining industry. It was written by engineer Jack de la Vergne as a non-profit publication. [ 1 ] The first edition was published in 2000 by McIntosh Engineering, a mining engineering consulting company. [ 2 ]
SMCRA created two programs: one for regulating active coal mines and a second for reclaiming abandoned mine lands. SMCRA also created the Office of Surface Mining , an agency within the Department of the Interior , to promulgate regulations, to fund state regulatory and reclamation efforts, and to ensure consistency among state regulatory programs.
The first Australian mining laws were enacted in 1851. [1] Before that, ownership of minerals and petroleum passed to those who were granted title to land by the colonial governors according to common law concepts, except the right to "Royal Mines" (the precious metals of gold and silver) which remained vested in the Crown by virtue of Royal prerogative.