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Not sure where to post this question...


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But this place looks as good as any so here is the question..

At what depth in the ground do surface rights end and mineral rights begin?

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I may get spanked on this one but I think your mixing apples and oranges.

Surface Rights start at the Top of the Dirt and up.

Mineral Rights start at the Top of the Dirt and down.

Surface rights like Access and Other uses are independent of Mineral rights.

Holder of the mineral rights can not impede other surface rights unless they impede his/her mineral rights. Even then Concessions may have to be made.

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So I guess it's ok to dig all the dirt and clay I want? I would like to have a pond (approx.100'X200') at the back of my property one day if the clay is suitable for a pond.

OOP'S! Got off the subject. :rolleyes:

So I guess BLM land mineral rights are everyone's right's, as long as you're not on someone elses claim? And if you do lease a claim, do you get a copy of the mineral right's?

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LOL! Your way off base here.

BLM land is There land.

You do not get mineral rights.

You Lease them.

You need to do some serious reading on Mining Law.

As far as your back yard pond, You have other issues.

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Rimshot

Homefire's first post to you was dead on and accurate,

However his last post kinda went out in left field just a tad.

First the land is public land,and it does not belong to the BLM,they

only manage it. You are correct that the minerals belong to the public,

unless they are withdrawn or covered by a valid mining claim.

You don't lease locatable minerals from the government, locating a

valid mining claim gives you the right to the locatable minerals.

If you lease a claim from a claim owner,the lease gives you the right

to the minerals,until the lease expires.

On you pond question ,you will need to talk to the county,and state.

You will need permits,but most times they are easy to get. I have built

lots of ponds on private and federal land. Unless there is an active

mineral operation on your private land ,you can build a lake from corner

to corner,without worrying about about mineral rights. Then if later on

someone feels the need to mine there,they can buy all of your improvements,

and pay the cost for you to relocate.

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Ok, Not BLM but Public lands Controlled by the BLM who you can not get past in your quest for the Minerals that We the People Own.

Does that sound better?

Yes it's a Lease for Gas and Oil.

Don't pay your Fees and you loose your Claim.

Not called a Lease but it's the same. With less Privileges that is.

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Hmmmm....so that's how it works. Thank's guys!

I was unaware that I had to tell county/state anything about my tiny pond since it's on unrestricted land. Oh well, i'll have to give this more thought.

Thank's again.

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Becareful where you dig for a pond. There are things to be considered....if the water is being traped buy rainwater you might be impeding somebody elses water rights. If the pond is large enough that it could overflow and create problems for neighbors you could be held accountablefor such problems....

You might look into joing a forum called pondboss.com they do sell stuff but will also give out lots of free info.

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