Kansas Stipulation of Ownership of Mineral Interest of Mineral Ownership in Specific Lands
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FAQ
In Kansas, like in many other states, the mineral estate is considered as being 'dominant' over the surface estate to allow the owner of the oil, gas and other minerals to exploit and extract the gas and oil from underneath the land, and to use as much of the surface estate as is necessary to explore for and develop ...
Under the Act, if an owner of a severed mineral interest has not used the mineral interest for a continuous period of 20 years or more, the owner of the surface estate may, after giving notice to the severed mineral interest owner, extinguish the severed mineral interest and reunite the interest with the surface estate ...
Ownership types Surface rights owners own the surface and substances such as sand and gravel, but not the minerals. The company or individual who owns the mineral rights owns all mineral substances found on and under the property. There are often different surface and mineral owners on the same land.
Typically, mineral rights are associated with rural agricultural land. Agricultural land is not appraised at market value in Kansas. Thus, unsevered subsurface mineral rights are not assessed or taxed.
In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.
Also, the State owns 25 million acres of Great Lakes bottomlands. Under the provisions of P. A. 451 of 1994, Part 5, Section 502, the NRC and Director of the Department of Natural Resources (DNR) are responsible for managing these lands and mineral resources to ensure protection and enhancement of the public trust.
In Kansas, the landowner usually owns the subsurface rights, but sometimes these rights have been severed, or separated from the surface ownership. Severance of mineral rights occurs when the owner of both the surface and mineral rights sells or grants by deed the mineral rights underlying their property.
