An issue that occasionally appears in eminent domain cases is the valuation of mineral rights. In some cases, the value of mineral rights may actually be higher than the value of a landowner’s surface rights.
As a result, it is extremely important for people facing condemnation proceedings to ensure their legal right to just compensation is protected. By retaining an attorney familiar with litigating eminent domain mineral rights cases, you significantly increase your chances of receiving fair compensation under your state’s law.
In the meantime, the information below can help landowners like yourself determine whether mineral rights may be at issue in an eminent domain case. To schedule a free case review with one of the eminent domain attorneys at Sever Walker Padgitt, 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. Often, mineral rights are severed from the other property rights associated with a piece of land, so many landowners may not own the mineral resources found on their property.
If this is the case, mineral rights will likely not be an issue in a condemnation case.
How Are Mineral Rights Different from Surface Rights?
Eminent domain mineral rights are separate from surface rights. While surface rights refer to what’s on the land, mineral rights are only concerned with what’s beneath the land.
Any property owner who wants to secure legal access to mineral rights has to secure these rights separately from purchasing the land.
How Are Mineral Rights Valued?
There are multiple ways to appraise mineral rights, such as sales comparison or the income approach. The former uses industry benchmarks like acreage or production volume to gauge the value of the material. There is no one-size-fits-all price, since the ultimate amount depends on the type of material, quantity, and market conditions.
The latter looks at the estimated amount of revenue the minerals could produce over time. If you’re not sure of the value you have on the table, you’ll need an attorney to help you figure out your mineral rights in eminent domain. A professional can take a closer look at what you’re dealing with, whether or not you have mineral rights, and if you’re being offered a fair price.
An eminent domain attorney can also help you navigate surface rights if you have multiple claims being made on your property. If you need a place to start, begin by looking up one of our specialized attorneys. We’re more than prepared to help you navigate this tricky legal field.
Will I Be Compensated for My Mineral Rights?
One of the fundamental principles at work in eminent domain cases is the requirement that landowners receive just compensation for the property being taken. Anyone who is subject to a condemnation action is legally entitled to compensation for any mineral rights they may own.
What Are Some Examples of Resources Where I May Have Mineral Rights?
Mineral rights can apply to many removable resources that can be found in a parcel of land. The most common types seen in eminent domain mineral rights cases are:
- Oil
- Gas
- Metallic ores
- Coal
- Salt
- Dimension stone
- Gemstones
Can I Challenge or Negotiate an Offer?
Yes, you can challenge or negotiate an offer for your mineral rights based on multiple factors. These can range from wanting to explore other options to seeking a resolution for other legal actions.
For example, you may already have received an offer on your minerals, but don’t feel it’s adequate. You may also want to know more about your case before committing to a final sale.
There’s also the possibility of fraudulent concealment, such as the government previously knowing about the minerals’ existence and not disclosing the information before attempting to claim private property.
Not sure if you can challenge an offer? An eminent domain attorney is a legal specialist who can provide a second set of eyes on the situation and help you navigate paperwork or negotiation.
Why You Need an Experienced Attorney
Attempting to figure out the field of eminent domain mineral rights alone is like trying to fly a plane blindfolded. Only a seasoned professional can effectively navigate the complex and subtle legal field of eminent domain, but that’s where we step in.
Sever Walker Padgitt has helped over 2,000 clients protect their rights in eminent domain cases across several states. We represent everyone from business owners to homeowners in order to protect people’s rights in the face of a confusing and convoluted legal system.
An experienced attorney increases your chances of just compensation and a legal resolution that satisfies all parties.
Contact an Eminent Domain Attorney Today
Mineral rights cases are extremely complicated, so approach them with the assistance of an experienced eminent domain lawyer. Sever Walker Padgitt is a specialized eminent domain law firm with offices throughout several states, including Illinois, Indiana, North Carolina, and Ohio.
Our firm has the experience, resources, and network to assist landowners across different types of residential and commercial cases. We can also provide assistance to clients in states where we do not currently maintain an office.
You’re not alone. Schedule a free consultation with one of our lawyers online or at (888) 318-3761, and we’ll help you fight for your eminent domain mineral rights.