Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on August 29, 2008 at 14:15

This expropriation was for a public roadway. In the 1940's. Apologies for not being more specific.

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Permalink Reply by Iris on August 29, 2008 at 15:59

Purchase of private property for hwy by hwy. dept...is it usual policy to transfer mineral rights in 1940's? How can I research this further?

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Permalink Reply by Skip Peel - Mineral Consultant on August 29, 2008 at 16:06

This question may not resonate with many of the regular posters but I've got to Bump because I have not seen this addressed in previous threads and I suspect that it potentially affects many who are not aware of the history of their current mineral interests. Not only as a loss of mineral interests but as an interruption of a servitude.

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Permalink Reply by P.G. on August 29, 2008 at 16:30

If the government took property and there was no mineral activity for 10 years afterwards, wouldn't the minerals naturally go to them like if they had purchased it like anyone else, even if it was reserved when they took it? I am assuming when they take property, they take title to it as well.

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Permalink Reply by Grice on August 29, 2008 at 18:28

If the mineral rights are reserved by the landowner, at the time the state expropriates the land, the landowner retains the mineral rights. Upon such time the lease is exhausted, due to non-use, the mineral rights transfer to state.

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Permalink Reply by Joan Williams on August 29, 2008 at 19:27

We had 13 acres expropriated from our farm back in the 60s for I20. Because we were forced to sell the land to the State we retain the mineral rights on that part of the land under I20 forever. This information came from my attorney so I assume he knows what he is talking about. I have not acted on it yet because it was so long ago and now there are so many heirs involved.

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Permalink Reply by Har C2 on August 29, 2008 at 23:33

Eminent Domain is a power possessed by the State. They can take your land through the power of Eminent Domain by paying you market value for that property.

Here in South Carolina were call it "condemnation" I guess "expropriation" is similar or the same?

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Permalink Reply by Iris on August 30, 2008 at 0:26

Thank you Joan I wonder if it's because your atty included it or is it usual policy....I wish u luck with other heirs & division...

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Permalink Reply by Skip Peel - Mineral Consultant on August 30, 2008 at 2:24

Thanks, KB. I thought this might be addressed in the statutes. Not being personally familiar with the expropriation process, I'd like to solicit responses from those who have actually dealt with it. Specifically, I'm curious whether a landowner affected by such would have to reserve their minerals in a written instrument as part of the process? If they did not, and accepted whatever "standard" instrument forms have been used over the years by the expropriating authorities, would they be unable to qualify for the provisions in the statute that would protect and preserve their mineral right?

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Permalink Reply by Skip Peel - Mineral Consultant on August 30, 2008 at 3:05

KB, I do not find your response dismissive and certainly take no offense. I appreciate the knowledge you share on the site and look forward to your posts. My last questions were intended for those who have experienced expropriation and may have some first hand knowledge. My apologies for not being more clear. I do not have a dog in this hunt. A friend who lost land for a road right-of-way through expropriation several generations back asked me the question. When I thought of the potential impact on numerous landowners for acres made more valuable by the Play, I considered it an issue worth posting. It is, as you say, a question that should be answered by an experience O&G attorney.

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Permalink Reply by Skip Peel - Mineral Consultant on August 30, 2008 at 3:31

Thanks, KB. I think you have given us all the basics we may need in making a decision to research further if there is a possibility of recovering minerals forgotten or thought lost. The prospect of horizontal/directional drilling could very well make those acres, thought lost to expropriation, a valuable asset. Next stop Caddo Clerk of Court. I would like to encourage the members to think of and post possible examples of expropriation other than the road right-of-way that is applicable to this particular case. It may jog some memories or provoke questions to our elders who may remember such loss of land.

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Permalink Reply by edward windle on August 30, 2008 at 10:33

When u lose ur property by right of eminent domain, do u retain mineral rights

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