i recently bought a 10 acre property in alaska. i am just learning of land patents. i am going to start the process of bringing the land patent forward in my name. it has not been updated since the original owner who got the original patent.in the original patent, the US reserved its oil, coal, and gas mineral rights in it...just those only. the U.S. then subsequently assigned those rights to the state of alaska. i am not sure if there is a current lease with the state for those minerals with a company called marathon oil are still valid, much less current. i know from the previous owner that at one timethey came out, drilled some holes and then did some mining for coal. they have since stopped and recovered their mining spot with 250 cubic yards of dirt. i acquired the property through the normal real estate process.
reading about the land patent, it seems that i might be able to get the mineral patent/rights to the other locateable minerals that are located on my 10 acre property as they were not "covered" in the assignment to the state of Alaska from the original land patent.
i also have another piece of property that i recently bought from the state. however, the reservation of mineral rights on that patent is quite a bit more "expansive" in what it desribes as mineral rights than the land patent for my 10 acres.
here are my questions:
- am i able to get the mineral rights for the other minerals not specifically identified in the Original US land patent for my 10 acre property? if so, how do i do that? i would like to get rights/patent to both the locatable and non-locateable minerals under my property if possible ( as there are veins of coal that run up to the surface on my property...kids can dig like 2 feet down and pull up some coal in some spots).
- i went to the US BLM site, and it appears they are no longer processing or accepting mineral patents. if i want to get the rights/patent to the locatable minerals that were not specifically assigned/reserved, then how do you do it? IF i understand things right for my 10 acre property, there are a bunch of minerals that were not assigned because either they were not known or not specifically reserved...kinda like a loophole in a way to describe it. how do i claim those minerals before someone else does?
- because my land patents assign these rights over to the state, they basically can destroy my property as long as they have a reclamation plan and are diggin for their leased minerals without any royalties (as i understand it) to me. how can i at least "slow them down" to make it cost ineffective to mine on my property?
- since a portion of the 10 acre property has significant water on it during the summer, i thought maybe having the water rights would allow me the ability to get royalties (since they would have to take water with any mining operation) or simply make them not want to mine on my property. is that even an option?