Rights of surface owners on federally patented lands
Journal Article
·
· Journal of Natural Resources amp Environmental Law
OSTI ID:458691
- Snyder & Schwarz, Rock Island, IL (United States)
This article explores the tension that exists between the rights of surface owners and mineral lessees by focusing on those surface owners who hold their estate from a patent issued under the Stock-Raising Homestead Act (SRHA) or the Agricultural Entry Act and parties who have a leasehold in the mineral estate the United States retained when the surface estate was conveyed. Of primary concern are the rights of the surface owner against incursion into his homestead by a mineral lessee. Part I of this article briefly explores the emotional reaction of surface owners whose property is occupied by mineral lessees. To establish the context in which the surface owners` rights arise, Part II provides a brief survey of the statutory history surrounding severed estates created by the United States government. Part IV explores the remedies available to a surface owner when a mineral lessee seeks to mine the underlying estate. Some of the surface owners` remedies originate in statutory law, while others sound in the common law of property, and still other remedies lie in tort. Finally, this article will explore alternative systems by which surface owners should be able to seek redress against mineral lessees and will suggest alternatives to the status quo.
- OSTI ID:
- 458691
- Journal Information:
- Journal of Natural Resources amp Environmental Law, Journal Name: Journal of Natural Resources amp Environmental Law Journal Issue: 1 Vol. 10; ISSN XZ489S
- Country of Publication:
- United States
- Language:
- English
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