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Old 08-24-2012, 08:24 AM   #21
Thinks s/he gets paid by the post
Join Date: Mar 2010
Location: Kerrville,Tx
Posts: 3,035
Originally Posted by ronocnikral View Post
Minerals take precedence over surface. That is all you need to know. You CANNOT stop someone from obtaining the minerals.
It may depend on the state, but in Tx at least the wavier of surface rights does control, in Tx and Fl you can not get a home loan on a lot without a wavier of surface rights since few homes are sold with minerals. It should be noted that the mineral rights holders have been paid for the waiver in one way or another. As noted with directional drilling a waiver of surface rights does not prevent the minerals from being accessed. Now if you are talking strip mining its a different story.

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Old 08-24-2012, 09:36 AM   #22
gone traveling
Join Date: Apr 2009
Location: Eastern PA
Posts: 3,851
IMHO, sell the farm, distribute the proceeds, and leave nothing to the "future".

Just my opinion based upon a SIL who has been going through this same secnerio over more than a decade with a farm and development acreage.

It's like a cancer. The longer you (and your family) wait to take action, the worse the results in the long term.

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