From collectibles to cars, buy and sell all kinds of items on eBayWelcome! Sign in or register.
aAdvanced Search
Popular products
No suggestions.

Reviews & Guides

Write a guide

MINING--Private Land versus Public Land Mineral Rights

by: aableinc( 203Feedback score is 100 to 499)
0 out of 1 people found this guide helpful.
Guide viewed: 793 times Tags: Mining | Mining Claims | Claims | Gold | Minerals



                 


Questions asked by some:
                Private Land versus Public Land Mineral Rights Question,

Hello again. Sir I have one last question? Are you selling the (LAND) or are you selling the (mining rights)? I await your answer. Have a pleasant day and Thanks!

 Some have asked this questions, but they really don't understand what it means.
May I provide some information that might help you understand:

1. In regard to “Public Land Mineral Rights”. The ownership of the "“Public Land Mineral Rights" provides much protection under the Federal and State Laws.

The United States Supreme Court in 1930, said in regard to Public Land Mineral Rights. The land or property is "a grant by the United States of the right of present exclusive possession." that "The claim is property in the fullest sense of that term;" you are the owner, and the property or land "may be sold, transferred, mortgaged, and inherited." "and is real property", "The owner is not required to purchase the claim or secure patent from the United States; but so long as he complies with the mining law, his possessory right, for all practical purposes of ownership, is as good as though secured by patent...."

 2.   In regard to Public Land Mineral Rights, it is true that the government has what is called Fee Title in that Land or Property, and that is good, because it gives you protection. Remember this is Public Land or Property and if you are the Public, and you are, your ownership of this land or property is guaranteed by the Constitution of the United States and the 1872 General Mining Laws, but also the laws set out in these books. Location and Patenting of Mining Claims and Mill Sites in California (about $15.00 from The U.S. Department of the Interior Bureau of Land Management). Or the United States Code Annotated Title 30; Mining Law from Location to Patent; also Mineral Title Examination; by Terry S. Maley; The American Law of Mining by The Rock Mountain Mineral Law Foundation (best), etc.. Federal Registrar, and more!

 3. For example, if you are the owner of what is called, “Private Land” the government might determine that the area has a fire danger, or; so they will send you, usually a “Weed Abatement Notice”, to clear all brush that may become a fire danger, if this is not done, the government well send out personnel to clear all brush, this usually takes several thousand dollars that is billed to the owner of property , if the owner does not clear the brush or, The owner of the Land may not even know about this, until they receive a bill of several thousand dollars to pay by a certain date. If the owner of the land does not pay, then usually a lien will be filed, then the government will take the land away from the owner, and sometimes if they determined this does not cover the cost, the government will go after the owner(s) for the rest of the money. If you own the Mineral Rights only, you are Not Responsible for this and the government is Responsible and has to do it. This will save you thousands of dollars.

4.   A other example is, if you own the “ Private Land” the government may have a water system installed in the area, or electrical lines, underground or above, or gas system, or phone system, etc. This is usually done by obtaining “Bonds” to pay for the water, electrical, gas, phone systems etc. The owner of the Land may not even know about this, until they receive a bill of several thousand dollars to pay by a certain date. If the owner of the land does not pay, then usually a lien will be filed, then the government will take the land away from the owner, and sometimes if this does not cover the cost, the government may determined to go after the owners for the rest of the money. If you own the Mineral Rights only, you are Not Responsible for this and the government is Responsible and has to do it. This will save you thousands of dollars.

5. A other example is, if you own the " Private Land” the government may have Roads or other items that they think they should do, here again this is done usually by “Bonds”. The owner of the Land may not even know about this, until they receive a bill of several thousand dollars to pay by a certain date. If the owner of the land does not pay, then usually a lien will be filed, then the government will take the land away from the owner, and sometimes if this does not cover the cost, the government may determined, will go after the owners for the rest of the money.

6. In regard to “Trespass” if any individual trespasses on "Private Land" and says he got hurt, or someone got killed, they can sue the landowner for millions of dollars. Not with Mineral Land, they first have to file suit against the government, to get permission to sue the government, then they have to sue the government again. There are many, many, many other examples that the protection by the government gives for Mineral Lands. And there are many many many examples of the Liabilities on Private Lands.

7. It is true that on Mineral Land you can live all year long on it as long as you are mining on it.
 It is true on Mineral Land you can build commercial buildings for the mining operation also residential buildings.
It is true on Mineral Land you can do anything you want as long as it is legal and related to mining.
It is true on Mineral Land you have protection by the Federal and State laws.

8. This is some of the reasons why we suggest when the Patenting Laws become available again, that individuals only Patent small parts or alone the Highway and not the whole acreage.
 I hope this information helps you
Thanks

Guide ID: 10000000004027612Guide created: 07/17/07 (updated 06/01/09)

 
Was this guide helpful? Report this guide

Ready to share your knowledge with others? Write a guide



 


eBay Pulse | eBay Reviews | eBay Stores | Half.com | Austria | France | Germany | Italy | Spain | United Kingdom | Popular Searches
Kijiji | PayPal | ProStores | Apartments for Rent | Shopping.com | Skype | Tickets


About eBay | Announcements | Security Center | Resolution Center | eBay Toolbar | Policies | Government Relations | Site Map | Help
Copyright © 1995-2009 eBay Inc. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the eBay User Agreement and Privacy Policy.
eBay official time