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Osage headrights are property rights, protected under federal law, that entitle their owner to receive a quarterly payment from the Osage Mineral Estate. They also entitle their Osage owners to vote for members of the Osage Mineral Council. [1] Historically, Osage headrights were linked to citizenship and voting in the Osage Nation. In 2006, a ...
When mineral rights have been severed from the surface rights (or property rights), it is referred to as a "split estate." In a split estate, the owner of the mineral rights has the right to develop those minerals, regardless of who owns the surface rights. This is because in United States law, mineral rights trump surface rights. [5]
In some states, severed mineral rights revert to the landowner if the mineral right not exercised for a certain time period. [ 3 ] In most states, unless otherwise specified by a deed, the owner of the oil and gas interest is presumed to have the right to occupy as much of the surface property as is reasonably needed to extract the oil and gas ...
A map of the Oklahoma and Indian territories, circa 1890s, created using Census Bureau data. The Osage were one of the few American Indian nations to buy their own reservation. As a result, they retained more rights to the land and sovereignty. They retained mineral rights on their lands. [40]
It became a semi-autonomous district by the Oklahoma Enabling Act of 1906, and Osage County at the time of Oklahoma Statehood in 1907. [3] At that time, there were 2,229 registered Osage members. [4] As owners, the Osage negotiated the retention of the communal mineral rights to their reservation lands.
In preparation for Oklahoma's admission to the union on an "equal footing with the original states" [6] by 1907, through a series of acts, including the Oklahoma Organic Act and the Oklahoma Enabling Act, Congress enacted a number of often contradictory statutes that often appeared as an attempt to unilaterally dissolve all sovereign tribal governments and reservations within the state of ...
Today Oklahoma has a unique set of water rights statues based on groundwater and streamwater. The owner of land owns the groundwater underlying such land and surface water standing on the land, however the Oklahoma Water Resources Board regulates non-domestic use. Stream water is considered to be publicly owned and subject to appropriation by ...
The first was a tax of 3% on leaseholds (such as mineral rights) and the second was a 5% tax on business activity. Kerr-McGee held substantial mineral rights on the Navajo Nation and filed a lawsuit in the federal district court seeking an injunction to prohibit the tribe from collecting the tax.
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