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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]
The mining law of 1866 had given discoverers rights to stake mining claims to extract gold, silver, cinnabar (the principal ore of mercury) and copper. When Congress passed the General Mining Act of 1872, the wording was changed to "or other valuable deposits," giving greater scope to the law. The 1872 law was codified as 30 U.S.C. §§ 22-42 [14]
The rights to above- and below-ground minerals (as a rule quarries and mines) may be awarded separately. One exception among Commonwealth common law countries is Australian mining law, under which virtually all mineral rights are held by the Crown. Mining law in the United States is also based on English common law. Here the landowner is ...
In the 49 United States practicing British common law (the 50th, Louisiana, derived its law from French and Napoleonic Code), a split estate is created when the original fee simple owner sells or otherwise loses ownership of the subsurface, often called the mineral estate. Executor rights transfer in whole, unless otherwise reserved, and ...
Oil and gas law practitioners usually fall into three broad categories. First, oil and gas companies usually have in-house attorneys that advise the company of its rights and the legal issues. These attorneys are usually assisted by landmen, who examine property titles, land oil and gas rights, and acquire property for the company. Landmen may ...
Colorado Mineral Belt. Colorado mining history is a chronology of precious metal mining (e.g., mining for gold and silver), fuel extraction (e.g., mining for uranium and coal), building material quarrying (iron, gypsum, marble), and rare earth mining (titanium, tellurium).
The Constitution of Colorado is the foremost source of state law. Legislation is enacted by the Colorado General Assembly, published in the Session Laws of Colorado, and codified in the Colorado Revised Statutes. State agencies promulgate regulations in the Colorado Register, which are in turn codified in the Code of Colorado Regulations.
Only one Colorado mine continues to produce gold, the Cripple Creek & Victor Gold Mine at Victor near Colorado Springs, an open-pit heap leach operation owned by Newmont Corporation, which produced 322,000 troy ounces of gold in 2019 and reported 3.45 million troy ounces of Proven and Probable Reserves as at December 31, 2019.