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You have to let them come in, but they have to pay you to lease the surface easement they use from you. That lease doesn't begin to approach the value of the mi
by w1 6y ago
You have to let them come in, but they have to pay you to lease the surface easement they use from you. That lease doesn't begin to approach the value of the minerals though.
- redtexture 6y agoDepends on the original grant. And how the grant is interpreted in current circumstances. The prior owner may have granted use of the land for mining without further compensation or requiring the surface be usable. Surface mining in Appalachia for coal is a good example. A modest survey of the topic: Mineral Rights in Central Appalachia: A Brief History of the Broad Form Deed in Kentucky and Tennessee Blakely Elizabeth Whilden http://studentorgs.law.unc.edu/documents/elp/2012/whilden_final.pdf http://studentorgs.law.unc.edu/documents/elp/2012/whilden_fi...