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The Fort Worth, Texas, company has separated the mineral rights from tens of thousands of homes in states where shale plays are either well under way or possible, including North Carolina, Alabama, Mississippi, Virginia, New Mexico, Nevada, Arizona, Oklahoma, Utah, Idaho, Texas, Colorado, Washington and California.
When you own a mining claim, you have purchased the exclusive rights to mine the minerals on that land, but you are not purchasing real estate. The land itself is not yours. You cannot put up No Trespassing signs.
A miner has the right only to the minerals; he may not live on the land without permission. If a cabin is located on a new claim, it belongs to the BLM and may not be used by the miner. A mining claim may also be staked on certain Forest Service (USFS) land, with much of the same requirements.
A patented claim gives the miner the right to both the minerals and the land itself. If the government approves a patent request, it transfers property title to the miner. At that point, the miner can explore, extract the minerals or build permanent mining structures and a home.
Mineral Lease a contract between a mineral owner (the lessor) and a company or working interest owner (the lessee) in which the lessor grants the lessee the right to explore, drill, and produce oil, gas, and other minerals for a specified period of time.
You may not construct, place, or maintain any kind of building or other structure, road, trail, fence or enclosure, and place or store equipment without the prior approval of a plan of operation from the Forest Service. Prospecting and exploration activities usually do not justify the use of such structures.
Mineral Rights Owner- If you are solely a mineral rights owner, you earn the royalties that come from extracting the minerals from the land in question. You do not have control over what occurs on the surface. As the mineral rights owner, you can sell, mine or produce the gas or oil below the surface.
A miner has the right only to the minerals; he may not live on the land without permission. If a cabin is located on a new claim, it belongs to the BLM and may not be used by the miner.
(7) The State Government shall grant a mining lease to an applicant selected in accordance with the procedure laid down in this section in respect of such notified mineral in any notified area.
The maximum period is 90 days from the staking of a claim or site on the ground. However, some states require earlier filings, such as 30 or 60 days from the date of location.