An issue that occasionally arises in eminent domain cases is that of the valuation of mineral rights.1 In some cases, the value of mineral rights may actually be worth more than the value of a landowner’s surface rights. As a result, it is extremely important for people who are facing condemnation proceedings to ensure that their legal right to just compensation is protected by retaining an attorney who is familiar with litigating eminent domain cases. In the meantime, the information below can help landowners determine whether mineral rights may be at issue in their case. To schedule a free case review with one of the eminent domain attorneys at Sever Walker Padgitt, please call our office today at 888.318.3761.
What are mineral rights?
Mineral rights are a type of interest in real property that allows the owner of that interest to exploit the mineral resources attached to the land. In many instances, mineral rights are severed from the other property rights associated with a piece of land, so many landowners may not own the mineral rights to the resources found on their property. When this is the case, mineral rights will likely not be an issue in a condemnation case.
Will I be compensated for my mineral rights?
One of the fundamental principles at work in eminent domain cases is that landowners are required to receive just compensation2 for the property that is being taken. As a result, anyone who is subject to a condemnation action is legally required to be compensated for any mineral rights they may own.
What are some examples of resources in which I may have mineral rights?
Mineral rights can apply to many removable resources that can be found in and a parcel of land, including the following:
- Oil
- Gas
- Metallic ores
- Coal
- Salt
- Dimension stone
- Gemstones
Contact an eminent domain attorney today to schedule a free consultation
Mineral rights cases can be extremely complicated and should be handled with the assistance of an experienced eminent domain lawyer. With offices in Illinois, Indiana, North Carolina, and Ohio, we have the resources to assist landowners over a wide geographic area. In addition, Sever Walker Padgitt has a network of attorneys in place so that we can provide assistance to clients in states where we do not currently maintain an office. To schedule a free consultation with one of our lawyers, please call our office today at 888.318.3761.
References:
1 http://legal-dictionary.thefreedictionary.com/Mineral+Right
