Who owns the mineral rights underneath a public cemetery, when the deed states ALL RIGHTS, INTERESTS, ETC. ARE HEREBY CONVEYED and there is no mineral rights separation specified?
R.R. Baker:
If the land where the cemetery is located was donated, the individual donating the land could retain the mineral rights but different States have laws regarding drilling distances around cemeteries. The individual could donate the property whereas both surface and minerals would be included. If the property was purchased by a city, most likely the minerals would not be included but again, States have drilling restrictions around cemeteries. You can always get the property description and see what information is on file at the County Clerkâs office in the county where the cemetery is located.