Who owns the mineral rights underneath a public cemetary, when the deed states ALL RIGHTS,INTERESTS,ETC. ARE HEREBY CONVEYED and there is no mineral rights seperation specified?
R.R. Baker:
If the land where the cemetary is located was donated, the individual donating the land could retain the mineral rights but different States have laws regarding drilling distances around cemetaries. 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 cemetaries. You can always get the property description and see what information is on file at the County Clerks office in the county where the cemetary is located.