Surface owner's estate becomes dominant: Wyoming's surface owner consent statute

Journal Article · Thu Jan 01 04:00:00 EST 1981 · Land Water Law Rev.; (United States)

OSTI ID:6306196

Reese, T

This comment discusses the constitutionality of Wyoming's surface owner consent law in three areas. The first is whether Wyoming's statute is an unconstitutional taking without compensation of the dominant position of the mineral estate holder. The second theory will be that the federal government has preempted the area of mineral lands regulation and therefore Wyoming's statute is void. The third theory is that Wyoming's statute is unconstitutional because it denies equal protection of the law under the fourteenth amendment to the US Constitution. This comment will deal primarily with the reservations of mineral rights under lands the federal government disposed of to private interests. It will not deal with reservations of mineral estates by private parties.

• OSTI ID: 6306196
• Journal Information: Land Water Law Rev.; (United States), Journal Name: Land Water Law Rev.; (United States) Vol. 16:2; ISSN LWLRD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
294000* -- Energy Planning & Policy-- Fossil Fuels
510600 -- Environment
Terrestrial-- Regulations-- (-1989)
54 ENVIRONMENTAL SCIENCES
LAND USE
LAWS
LEGAL ASPECTS
MINERAL RESOURCES
MINERAL RIGHTS
MINING
MINING LAWS
NORTH AMERICA
OWNERSHIP
RESOURCES
ROCKY MOUNTAIN REGION
SURFACE MINING
USA
WYOMING