Due to shifting commodity prices, land use regulations, and a variety of other factors, mineral interests often go unused for significant periods of time. Lakeland Area Property Owners Assoc. Under Wis. In addition to challenging the re-zoning of the proposed mine, the association also claimed that it was the true owner of the gravel claimed by the mine operator. The association argued that because it had recorded notice of its claim within the statutory time frame, its ownership of the mineral interests could not lapse despite the fact it had not actually used the minerals at any period since recording that statement in Out-of-State Licensee.
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Direct Giver Balance and History. Legislative Session Updates. Workforce Housing Report: Falling Behind. Direct Giver Overview. RPAC Overview. Large Donor Council. Launch Google Maps. Association Officers. Though Wisconsin law is not explicit on this point, under generally accepted principles of English Common Law and implied within some Wisconsin Supreme Court decisions, an owner of a mineral estate is assumed to own them for a purpose, which purpose is the use of the minerals.
Why would anyone create a separate mineral estate unless they either intended to use or otherwise control the use of the minerals? By use we mean all the rights of property ownership attached to the minerals.
Does it include mineral commodities like sand and gravel, for example, or is it restricted to minerals that are compounds of metals like zinc, copper, gold, or silver? There is no easy answer to this question.
The law varies from jurisdiction to jurisdiction, state to state, and where the law is not explicit, the intent, if discernable, of the parties involved in the legal activity that led to the creation of the severed mineral estate is often weighted heavily by the courts asked to adjudicate disputes based on this question.
Other jurisdictions have ruled, for example, that since low-grade coal was mined in underground mines at the time the separate mineral estate was created in an example from the State of Texas , the even though modern mining is accomplished in large surface mines totally disrupting the land surface, the coal is considered to be part of the mineral estate.
Unless specifically stated otherwise, hydrocarbons oil, gas and metallic minerals gold, copper, and so forth are considered to be part of the mineral estate. Supreme Court in the Texas v. Short decision upholding the constitutionality of an Indiana statute. A law was developed by the Wisconsin Legislature shortly after the Supreme Court decision as a means to identify owners of severed mineral estates who may not be local people or corporate entities, but who may reside elsewhere or even not be known or knowable and to create a way to extinguish separate mineral estates that are now used over time.
By checking the Tract Index, you can identify every legal document affecting title to the land you now own as far back as the land records exist. This search on your own can be done at no expense to you. Alternatively, a title company or a lawyer familiar with land records can do the searching for you and may provide you with a legal opinion on the existence of a severed mineral estate an who owns it.
Of course, this alternative approach involves seeking professional assistance and is typically done at some expense to you. A severed mineral estate is property with a set of legal rights and a severed mineral estate can be bought or sold just like any other property right. One can always contact the owner of a severed mineral estate and inquire about their interest the sale of the minerals. However, sometimes the owner of a severed mineral estate may not be known.
If I cannot buy the minerals back, is there some other way to obtain them?
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