Gold mining on adjacent property

[Citydude]

Hi guys, were in the Blackhills of South Dakota. So, a gold company owns the property next to mine. They want to meet with me next week and I think I know what they want to meet with me about.

To prefix my question, I own the surface rights, they own the mineral rights. They are core drilling other areas around me gathering data. The "pay seam" is around 4000 feet down.

My question is if they want to use my road to get access to a possible core drilling site on their property to get to their property, what can I do?

They do directional drilling and there is a flat spot on their property to do this but they would need to use my road on my property. I'm clueless

 

[Doughknob]

Ask a reasonable fee for the use. Trying to get too much will just make them to go to court.

 

[2LaneCruzer]

Law school has been nearly 50 years ago, but as I recall, if you own mineral rights you have the legal right to access them...that may mean access to the surface rights. I suggest you contact a lawyer after you know what they want access to.

 

[Citydude]

Law school has been nearly 50 years ago, but as I recall, if you own mineral rights you have the legal right to access them...that may mean access to the surface rights. I suggest you contact a lawyer after you know what they want access to.

I will report back after the meeting next week. Thanks

 

[Torvy]

Sadly, that sounds right. I think whomever decided you could separate mineral rights from land ownership should occupy a special place in Hades.

My BIL grew up in Lead and he and his brother worked at Homestake during college.

Next time we're out that way I'll PM you and maybe share a beverage. Spent a lot of time in Sturgis area and still have family out that way.

 

[Rockbadchild]

laws and regulation varied but for my province this is the regulation...

Basically you can't stop them to access they right to mineral but the surface right are yours so they can only be granted to them if they are reasonable in the circumstances and the damage caused to any other person’s property can be sufficiently compensated.


Can a surface rights holder be obligated to sell his/her property? If the holder of the mining claim makes a production decision, the mining company has the option to purchase the property at 200% of its fair market value (as averaged by two appraisals), and the surface rights holder has the obligation to sell the property.

 

[oosik]

I'm watching this one.

 

[HawkinsHollow]

I know nothing about mineral vs surface rights. Sounds like a potential mess though. Best of luck.

When I was at geology field camp in Rapid City we went down in the Homestake gold mine. We were 5000' below the surface and the geothermal gradient made the freshly broken rock 130 deg F. The mine was air conditioned and was still over 100 deg. Pretty neat experience.

 

[ArlyA]

Lots of my relatives worked in Home Stake. Interesting.

 

[jigs_n_fixtures]

I would negotiate for them rebuilding the road, when they are done and maintaining it in the interim, if they are doing much.

Basically, a “Leave it as good or better than you found it, and don’t inconvenience me by your use.”, stance.

They have the right to get there. But typically not if they have alternate means on their own property. So, if there is a public right of way, or easement which abuts their place they are required to use their property. And, most of the lands in the west have easements attached on the section, half section, and quarter section lines.

But, using your road will probably be much less expensive than pioneering a new one. And still be less expensive, even if you have them improve your road in exchange for the use.