Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on August 30, 2008 at 14:33

KB, when I think of the explosion of road building that followed WWII, and continued unabated through the 1960's, and thus after the years you mention, I wonder if there are not hundreds of acres that fall into the category of expropriation for road rights-of-way. Not the only instance of expropriation. Even a few acres then could be worth a considerable sum today. However, if the landowner had to negotiate and include a reservation of their minerals in the conveyance, I doubt many knew to do so. Most were not knowledgeable nor had the means to engage an attorney. If I understand correctly, if there is no reservation in the original instrument, no mineral interest remains for the heirs. Thanks.

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on August 30, 2008 at 15:11

Thanks, insomniacnla. I was hoping to draw someone into this discussion who actually had some experience with expropriation for road right-of-way on their land. Could you explain further your statement that "In these cases, parish or state did not have to expropriate the land ..."? Did a public right-of-use exist because the "old trails" had been used for some period of time for the purpose of public travel?

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on August 30, 2008 at 15:04

KB, I was hoping that might be the case. I acknowledge your statement that "you do not know for a fact" that such is the actual legal circumstance. I would like to ask your opinion of a hypothetical situation. If a landowner lost a strip of land to expropriation and continued to own the surface and minerals on both sides of that strip, would he not have right of ownership to the minerals under the entire right-of-way. Not just to the "middle line"?

• ▶ Reply

Permalink Reply by BirdDawg, plain ole' idiot on August 31, 2008 at 5:56

KB,
That is definitely true in most cases for parish roads. I think we will find that it can vary on a case by case basis on state highways.

• ▶ Reply

Permalink Reply by RONNY on August 31, 2008 at 14:30

I know of a case where a property owner leased in Stonewall and was paid for approximately 1 acre which was under Hwy 171. When the highway came through and the land was taken for right of way, the mineral rights remained with the landowner. I have also seen postings on this site about the mineral rights under Toledo Bend Lake still belonging to the original property owners when the lake was formed. Good Luck in your research.

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on August 31, 2008 at 16:33

Good point, Ronny. I would like this discussion to include various instances of expropriation. Not just road rights-of-way. The Toledo Bend example that you site will hopefully bring up other examples where public water bodies impounded by governmental entities inundated private land. I suspect there are more examples of both types of expropriation known by our members and I also think there are examples of expropriation for public use other than the two we are currently discussing. I hope we jog a few memories and hear more input on the topic.

• ▶ Reply

Permalink Reply by Iris on September 4, 2008 at 2:28

This discussion has so much good material in it I think I'll bring it up again...down to earth definition if government entity acquired your surface property for eminent domain or right of way or just plain "took it away" for public use (for a fee of course) do you still own mineral rights? Read some replies please before you comment...

• ▶ Reply

• ‹ Previous
• 1
• 2
• Next ›
• Page