Hi, my family has 50% interest in minerals, oil and gas from our grandmothers ranch. The current land owner is mining or selling sand and gravel. In the past, I guess this was a dead issue in Montana as sand and gravel is not a mineral according to Montana law. But, we have found a US Supreme Court has ruled that sand and gravel is a mineral and the US Govt is telling land owners not to be mining sand and gravel where they ( Govt) has mineral rights. We have been hearing different ideas on the this topic. The gravel company said the US Supreme Court ruling does not apply to private mineral rights. BLM said they cant give us legal advise, but kind of winked and knotted, we should have a interest. They did not want to be involved, which I understand. Now, my sister said she heard sand is a mineral. Does anyone know the if sand and gravel are now be classified as a mineral in Montana?
Joe;
I am not sure what the exact definition of "mineral" is in Montana but you might contact the Montana Oil and Gas Commission for the answer. Sand and gravel contains minerals but the commodity is not generally viewed as a mineral. Mineral rights normally refers to sub-surface minerals such as oil, gas, etc. The surface area, which consists of sand and gravel, are normally considered the property of the surface owner. Again, different States might have different views on this matter so I would persue the answer from the State agency that governs "minerals".
Dear Joe,
Call Frank Erisman Esq. a mineral attorney for decades who has dealt with these issues all over the west. Give him my name and he will let you know what is going on. I know he has clients with sand and gravel operations.