I own land with 1/2 of mineral interest. The property is located in north central Arkansas. There is large frac sand mining operations in the county.
Question: If property is leased to extract sand at shallow depths. A lease agreement is made with me and the miner. Is the ownership of the frac sand to be extracted the surface owner or mineral owners? As I stated I own 100% surface and 50% of the minerals.
Ledlie Powell
I don't know about Arkansas law specifically, but in my experience sand and gravel generally go with the surface estate.
LP, Every state sets its own mining laws ad regulations. Check the statutes for a definition of minerals. The owner of a local sand and gravel operation will likely have an answer or a mineral attorney practicing in Arkansas.
Either way, you are in a good position. Best get some mining attorney help with lease negotiation. Mining leases are far, far different from oil and gas leases.
Gary L Hutchinson