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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, ownership of a house is never proven by mere possession of a house. Possession is a factual state of exercising control over an object, whether the object is owned or not. Only a legal (possessor has legal ground), bona fide (possessor does not know lack of right to possess) and regular possession (not acquired through force or by ...
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 ...
Ownership is the basis for many other concepts that form the foundations of ancient and modern societies such as money, trade, debt, bankruptcy, the criminality of theft, and private vs. public property. Ownership is the key building block in the development of the capitalist socio-economic system. [1]
In traditional terminology a mine engineer was a senior person responsible for all boilers and machinery and for supervision of the enginewrights. [2] In Scotland the word "engineer" referred to a surveyor. Engineman. An engineman drove a haulage engine; a winding engineman or winder drove the winding engine. Eye or pit-eye
Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership, is a globally ubiquitous phenomenon.
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]