KingCracker, on 10 August 2012 - 15:27, said:
That's right, you can own the property but someone else can own the mineral rights. Would suck to own some land then all the sudden people come in and start digging away, its happened though.
roadwarrior, on 10 August 2012 - 17:14, said:
Not sure where you got that idea, and maybe that is the case where you live, but it certainly isn't the case everywhere. If someone were to discover that there was oil, diamonds, etc. under my Dad's property here in Mississippi, they'd have to pay him for the mineral rights to get at it. A company had to do exactly that with my grandmother a while back, and some people in my wife's family own some land where they get royalties on the oil that is extracted there.
Seems that the only way that someone other than the property owner would own the mineral right was if they (or a previous owner) had sold those rights. The land my family lives on has been in our family since the early 1800s though (about the same year Mississippi became a state, if I remember correctly), so maybe that makes a difference.
I think it depends on the state you live in. Some states allow you to sell the mineral rights to you land, like Texas. So if you are going to buy land you want to make sure the mineral rights have not been sold. If they have and you are not aware of it then later you will be caught in the middle of a legal battle that you will loose. I am not sure about all of the laws for all of the states. I wonder if there is a law out there where you buy the land but do not own the land at a certain depth. How about the sky above you. Who owns that? I think there are laws for that too.
At the end it does not matter. If the government wants it they will bully out out of your land. Just ask the Native Americans. Other countries have done it in the past too. Even if you win it really does not matter. You are only renting the land. Stop paying taxes and your land will be taken away.
If I was that guy I would just **** away on his land and let it run into the reservoir but there are probably laws for that too. lol