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To: Boot Hill

The United States considers itself sovereign over California, so unless you have a specific mention of mineral rights in your title, you likely have NO mineral rights.
Examples of this are especially seen all through California concerning oil and water.
You can't in most places dig a well without paying for your own water to the local water company who leased the water rights from the State or Federal government.

Though I can't post scripture and verse here regarding the exact law, I have an additional memory that there were laws passed between 10-20 years ago that further eroded personal property rights at least in California.

I think that if you find oil on your own property, you may find it difficult or impossible to drill yourself for it.

There are some older personally owned properties with grandfathered water or oil wells that have retained some form of use or commission. I think they are like being legal non-conforming.

Granted, you have a certain level of airspace rights. This is most noticeable in areas like beaches where there is the view and people who built homes at lower levels near the beach in front of other homes might sell their airspace rights to their neighbors so the neighbor can build up and be guaranteed not to lose their view.

In general, I think California residents mineral rights have been vastly eroded over the last three decades, mostly by laws.

PS: I don't like it.


178 posted on 03/20/2005 4:39:35 PM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: A CA Guy; The Grim Freeper
"unless you have a specific mention of mineral rights in your title, you likely have NO mineral rights."

Again, you are incorrect.

Unless you or a previous owner has specifically conveyed any of the myriad types of rights you have in your property, you still possess all of those property rights, mineral rights included. Nor does any law require an affirmative mention of mineral rights in your deed for you to own the mineral rights, they are inherent as incidental property rights to real property in California.

Since you say that you "can't post scripture and verse here regarding the exact law", I would suggest you start reading here: History of the Ownership of Mineral Rights.

In early California history there was some initial confusion over whether the state would continue to own the mineral rights, as was the law under the old Spanish system that existed prior to the 1848 Treaty of Guadeloupe Hidalgo, where Mexico formally relinquished its northern territories. But ever since 1858, when the California Supreme Court issued its ruling in Boggs v. Mercer Mining Co, it has been firmly established that mineral rights were inherently part of any surface owners' property title. The Boggs case was reaffirmed and extended by a 1955 Federal District court decision in Blue v. McKay.

--Boot Hill

180 posted on 03/20/2005 5:33:57 PM PST by Boot Hill ("I'm going on psychological nuances that most any super sensitive psychologist might be skilled in")
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