Minnesota Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)
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FAQ
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.
The State of Minnesota owns approximately 12 million acres of mineral rights. The state owns the surface of about 8.5 million acres of land (including DNR-administered and tax-forfeited land), and owns the mineral rights in some, but not all, of these lands.
The most common way is through a will or estate plan. When the mineral rights owner dies, their heirs will become the new owners. Another way to transfer mineral rights is through a lease. If the mineral rights are leased to a third party, the new owner will need approval from the current lessee to claim them.
Mineral rights can expire if the owner does not renew them or if they go unclaimed for a certain period of time. Mineral rights can also be sold, fractionalized, or transferred through gifting or inheritance.
The fact that mineral rights can be privately owned in the United States means that homeowners with rights to valuable resources on their property can sell those mineral rights to private corporations, sometimes generating substantial up-front or ongoing royalty payments by doing so.
Mineral interests can be owned by private landowners, private companies, or federal, state or local governments. Sorting these rights are a large part of mineral exploration. A brief outline of rights and responsibilities of parties involved can be found here.
Transfer By Will It is also possible to transfer or pass down mineral rights by will. The right to minerals transfers at the time of death to the individuals named as beneficiaries. If no specific beneficiaries to the mineral rights are designated, ownership passes to the property and real estate heir.