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Often, companies will offer a surface rights owner a surface use agreement, which can provide financial compensation to the surface owner, or more commonly, offer some concessions on how the minerals are accessed. For example, some surface use agreements require the company to access the property from specific roads or points on the property.
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.
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 ...
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.
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 ]
Providing for Consideration Of The Bill (H.R. 2824) to Amend the Surface Mining Control and Reclamation Act of 1977 to Stop the Ongoing Waste by the Department of the Interior of Taxpayer Resources and Implement the Final Rule on Excess Spoil, Mining Waste, and Buffers for Perennial and Intermittent Streams, and for Other Purposes; Providing ...
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]
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: