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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.
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.
For example, some surface use agreements require the company to access the property from specific roads or points on the property. A major issue involving fluid mineral rights is the "rule of capture" whereby minerals capable of migrating beneath the Earth's surface can be extracted, even if the original source was another person's mineral ...
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.
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 ]
The general rule is that the first person to "capture" such a resource owns that resource. For example, landowners who extract or “capture” groundwater, oil, or gas from a well that bottoms within the subsurface of their land acquire absolute ownership of the substance even if it is drained from the subsurface of another’s land. [2]
In 1864, Congress passed a law that instructed courts deciding questions of contested mining rights to ignore federal ownership, and defer to the miners in actual possession of the ground. [10] The following year, Congressional supporters of western miners tacked legislation legalizing lode (hardrock) mining on public land onto a law regarding ...
Pedis possessio is a legal phrase in common law used to describe walking on a property to establish ownership; this concept involves the establishment of first possession of land. By walking on a property and defining its bounds, possession is established. Legal dictionaries [2] put forth this definition.