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These documents were used to sever property into mineral and surface rights, just like a split estate today. [ 2 ] 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 ...
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 open mines doctrine is a term of real property.Under the open mines doctrine, depletion of natural resources constitutes waste unless consumption of such resources constitutes normal use of the land, as in the case of a life estate in coal mine or a granite quarry.
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]
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.
Mining Claim Corner, Blue Ribbon Mine, Alaska. A placer claim is a mining claim on gravel or ground from which minerals are extracted using water. [1] In the United States, the valuable mineral in a placer claim is almost always gold, although other nations mine placer deposits of platinum, tin, and diamonds.
The rights inherent in patented land are carried from heir to heir, heir to assignee, or assignee to assignee and cannot be changed except by private contract (warranty deed, quitclaim deed, etc.). In most cases, the law of a particular piece of patented land will be governed by the Congressional Act or treaty under which it was acquired, or by ...
Mineral Law Newsletter — Current developments in mineral law. Water Law Newsletter — Current developments in water law. Gower Federal Services — Decisions of the Interior Board of Land Appeals [7] and the Office of Natural Resources Revenue [8] relating to mining, oil and gas, outer continental shelf, and royalty issues.