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Re: mineral rights question
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I don't think reservation of mineral rights under the surface carries with it the right to enter the surface and dig or drill, but this is NOT my area of the law. So you may not be entitled to the royalties of the quantity of gas extracted, but may be entitled to compensation for surface disturbance.

Posted on: 2011/1/3 8:11
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Peace, Tony


Re: mineral rights question

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mineral rights don't trump surface rights, nor do surface rights trump mineral rights. The surface rights owner owns the surface, and the mineral rights owner owns whats underneath. Not that difficult a concept.

Where it gets difficult is when the two properties infringe upon one another, as Jack was saying. Jack, mineral rights owners do have a "right" to access their minerals from the surface. The law states something about "reasonable" concessions, it really likes the term "reasonable", so they make it a really gray area. They cannot, for instance, tear down a house or other improved property to put up a gas rig, that infringes upon the right of the surface owner. But if you have a nice, unimproved woodlot behind the house that is not "in use", the mineral rights owner can use that land, so long as they take "reasonable" precautions to prevent disturbance to the surface landowners rights as much as possible.

It's like if you buy a piece of land with no road access, surrounded by posted land. You have the right to cross said posted land to access your own land, so long as you do it as quickly as "reasonably" possible and cause as little disturbance as "reasonably" possible in doing so. The same is not true, however, for public land. For public land, it's not yours, you have to find unposted access.

Posted on: 2011/1/3 8:32


Re: mineral rights question

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The original intent and definition of Eminent Domain was supposed to be for the "Public Good" like a road or a railway or a flood control dam etc. not for a public owned company to get rich on they have perverted it.

Posted on: 2011/1/3 8:49


Re: mineral rights question

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but where does eminent domain come into this? I don't understand the point? I haven't heard of anyone using eminent domain for resource extraction?

Posted on: 2011/1/3 8:50


Re: mineral rights question
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It would not surprise me to see eminent domain used to take land in order to allow extraction if the benefit can be shown to serve the public good (local real estate or other taxes) and so long as "just compensation" is paid.

Posted on: 2011/1/3 10:41
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Re: mineral rights question

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Does anyone have actual examples of eminent domain being used to acquire mineral rights?

Posted on: 2011/1/3 10:50


Re: mineral rights question

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2006/9/10 21:53
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Isn't Eminent Domain a purely government function. Can private industries use ED? I have seen gov'ts use it to aquire land and then lease or sell it to private enterprise (stadiums) but is it really supposed to work?

Posted on: 2011/1/3 11:18


Re: mineral rights question

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For the third time now.......go to you tube search Clearville Pa Eminenet Domain , first they built a natural gas storage facility and then came the drills , not for "the public good" but for a publicly owned company to get rich on.

Posted on: 2011/1/3 11:32


Re: mineral rights question
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Here is just one example of a public taking for the purpose of facilitating private development:

http://www.thefreemanonline.org/featured/beyond-eminent-domain/

Posted on: 2011/1/3 11:41
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Re: mineral rights question

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Quote:
Where it gets difficult is when the two properties infringe upon one another, as Jack was saying. Jack, mineral rights owners do have a "right" to access their minerals from the surface. The law states something about "reasonable" concessions, it really likes the term "reasonable", so they make it a really gray area. They cannot, for instance, tear down a house or other improved property to put up a gas rig, that infringes upon the right of the surface owner. But if you have a nice, unimproved woodlot behind the house that is not "in use", the mineral rights owner can use that land, so long as they take "reasonable" precautions to prevent disturbance to the surface landowners rights as much as possible


exactly, say you have a nice 20 acre parcel of woods, which to me is priceless these days, the gas company can and will clear cut what they need to put in a drilling rig. bye bye nice quiet woods.
I'd rather they tear down the house! a new one can be built in a year, takes a lifetime to build a forest

Posted on: 2011/1/3 14:00


Re: mineral rights question

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2009/5/29 6:40
From harlansburg
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I watched the video opsrey, scary stuff, only the beginning I'm afraid.
our new governor isn't going to be helping matters.
my girlfriend and I are honestly considering moving out of the area, get away from the entire marcellus region, and live somewhere where quality of life is more valuable than money.

Posted on: 2011/1/3 14:23


Re: mineral rights question

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2010/1/2 14:53
From on elk creek fishing
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Let's get back on topic.
"Are mineral rights taxed at the local or state level?"
Taxing them Looks to me like a good way to balance local and state budgets.
With Gas underneath, the property must be worth more.
I guess that is were the excise tax comes in. It could be a boon for the government entities that are facing hard times in balancing their budgets.

Posted on: 2011/1/3 16:04


Re: mineral rights question
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With the duest of respect, mrflyfish, you also failed to answer the question posed. Back on topic: I don't know.

Posted on: 2011/1/3 16:12
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Re: mineral rights question

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how would you be able to assess a value before any gas is extracted? how would you know if there is a large deposit or not without drilling for it? I don't know how one would be able to fairly tax just the rights, unless it's simply a certain amount per acre, regardless of what's underneath. maybe they already do that, I don't know.

Posted on: 2011/1/3 16:16


Re: mineral rights question

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2009/5/29 6:40
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Quote:
Let's get back on topic.

oh come on now, how long have you been around here!! we're lucky if we get 3 posts into a topic before we're talking about something totally different. maybe we all have ADD!!!
sorry, couldn't resist.
back to taxation!

Posted on: 2011/1/3 16:19



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