Are you sure you own the mineral rights? Do you have a mineral title? Your county may not have anything and your title office may not guarentee that anything but surface rights come with the property.
In the US, unlike most countries, the mineral and surface rights were bound together. Most contries, their government own the subsurface.
In the US though, lots of land was granted to the railroads by the government for expanding the rail system in the late 19th century. The surface title might have moved on, but the railroads often seperated the subsurface rights. Also, as gas, oil and coal was discovered, mining and oil compananies often bought people's rights even if they had no intention of immediately exercising them. If you live in an area where gas has been known to exist, there's a good chance the rights were purchased a century ago. Some states, like Indiana, have a law that reverts the rights back to the surface owner if they haven't been exercised within a given period of time--20 years here. Some states don't. Some states say that the owner of the mineral rights has use of the surface as needed to extract the oil/gas/coal without imbursement to the surface owner. In other words, 100 years ago Standard Oil could have bought your subsurface rights and tomorrow show up with a drilling rig waving a yellowed mineral title in your face and not give you anything but a wrecked lawn and some attractive permanent structures in your back yard.
Even if your state has laws that say the subsurface title has to be recorded in the county office, it may not be there. It may be in a federal land office somewhere--or the gas company may have the only copy and you may be in court.
As far as eminent domain goes--it's laughable that people worry and fight so much over presidential elections but the bastards that phuck you over are your little local government people that you pretty much pass right over on the ballot. Yes, they can eminent domain you property for a gas well.vIt only has to be for the public benefit, it does not have to be taken over by the government--it can be a forced sell to a private company.
You own your property--right down to your wristwatch--at the leisure of your elected officials. That's what eminent domain means. The state has ultimate ownership of EVERYTHING. If your city council decides your earwax would be beneficial for the public, you have to let them dig it out.
You need a lawyer--option A
Let it go, move onto a shanty boat and tend bar on a beach somewhere--option B
I would take B.
In the US, unlike most countries, the mineral and surface rights were bound together. Most contries, their government own the subsurface.
In the US though, lots of land was granted to the railroads by the government for expanding the rail system in the late 19th century. The surface title might have moved on, but the railroads often seperated the subsurface rights. Also, as gas, oil and coal was discovered, mining and oil compananies often bought people's rights even if they had no intention of immediately exercising them. If you live in an area where gas has been known to exist, there's a good chance the rights were purchased a century ago. Some states, like Indiana, have a law that reverts the rights back to the surface owner if they haven't been exercised within a given period of time--20 years here. Some states don't. Some states say that the owner of the mineral rights has use of the surface as needed to extract the oil/gas/coal without imbursement to the surface owner. In other words, 100 years ago Standard Oil could have bought your subsurface rights and tomorrow show up with a drilling rig waving a yellowed mineral title in your face and not give you anything but a wrecked lawn and some attractive permanent structures in your back yard.
Even if your state has laws that say the subsurface title has to be recorded in the county office, it may not be there. It may be in a federal land office somewhere--or the gas company may have the only copy and you may be in court.
As far as eminent domain goes--it's laughable that people worry and fight so much over presidential elections but the bastards that phuck you over are your little local government people that you pretty much pass right over on the ballot. Yes, they can eminent domain you property for a gas well.vIt only has to be for the public benefit, it does not have to be taken over by the government--it can be a forced sell to a private company.
You own your property--right down to your wristwatch--at the leisure of your elected officials. That's what eminent domain means. The state has ultimate ownership of EVERYTHING. If your city council decides your earwax would be beneficial for the public, you have to let them dig it out.
You need a lawyer--option A
Let it go, move onto a shanty boat and tend bar on a beach somewhere--option B
I would take B.