Mineral Rights, Severing & Reservation of Minerals
Issues Regarding Severed or Split Estates
In 1916, a public lands act was passed by Congress effecting a general
reservation of valuable minerals in the lands patented under the Act.
Colorado recognizes the separate ownership of the Mineral Estate and the
Surface Estate, each having distinct private property rights. When different
parties own the surface and the subsurface - a common occurrence - this
is referred to as a Severed or Split Estate. If you wish to drill in a
certain area, you will not then need permission of the property's owner. A
Colorado oil and gas lawyer can help you pursue what you will need - permission from the U.S. Department
of the Interior's Bureau of Land Management to lease the rights.
Another option is to purchase the entire land package, in which case your
legal counsel can provide a title opinion and guidance throughout the
transaction. Your legal representation can take on negotiations with private
owners regarding such a transaction or when offering compensation is the
best option. Drilling on public land may at times be subject to protest
by citizen groups, in which case legal advice and representation is vital
in order to defend the continuance of your project. Your legal counsel
can help to prevent a situation in which you risk suspension of drilling
by ensuring you are in compliance with COGCC regulations.
Colorado Oil and Gas Law Attorney
With tightened federal policies resulting in more scrutiny over awarding
oil and gas leases on public lands and the barriers that can arise regarding
severed estates, it is crucial you consult with the team at Feldmann Nagel Cantafio Margulis Gonnell PLLC,
LLC. We will relentlessly defend your rights, help you to understand your
obligations, and identify creative solutions which allow you to achieve
your goals within the framework of these requirements. We can also help
with cases involving
mineral rights & property division.
For guidance with rights and severance issues,
contact a Colorado oil and gas lawyer
today.