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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]
Section 299 was amended by the enactment of Public Law 103-23 pertaining to the reservation of coal and mineral rights on April 16, 1993. [3] [4] The legal document referred to as the broad form deed previously severed property into surface and mineral rights. The amendment signed in 1993 required coal and mining companies to do four different ...
The broad form deed is based on the premise of severing the surface and mineral rights of property. The precedence of this idea comes from English legal theory. [2] In this theory the King retained rights to various minerals on landowners estates for the purposes of maintaining the operations of the country and as such the King had authority to mine for those minerals. [2]
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]
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 ...
The sales tax on the 16-ounce Perrier bottle was just $0.24, but the patron, Jennifer Montgomery, filed two petitions with the Pennsylvania Department of Revenue Board of Appeals seeking a refund ...
30 U.S.C. ch. 11—Mining Claims on Lands Subject To Mineral Leasing Laws; 30 U.S.C. ch. 12—Multiple Mineral Development of the Same Tracts; 30 U.S.C. ch. 12A—Entry and Location on Coal Lands on Discovery of Source Material; 30 U.S.C. ch. 13—Control of Coal-Mine Fires; 30 U.S.C. ch. 14—Anthracite Mine Drainage and Flood Control
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