Idaho Stipulation of Ownership of Mineral Interest of Mineral Ownership in Specific Lands
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FAQ
The state not only owns the beds and banks of the navigable waterways below the ordinary high watermark, it also owns the mineral rights associated with this land. The Idaho Department of Lands (IDL), acting under the direction of the State Board of Land Commissioners manages the mineral estate of these lands.
Mineral rights are ownership rights that allow the owner the right to exploit minerals from underneath a property. The rights refer to solid and liquid minerals, such as gold and oil. Mineral rights can be separate from surface rights and are not always possessed by the property owner.
A royalty is a fee that is imposed by local, state or federal governments on either the amount of minerals produced at a mine or the revenue or profit generated by the minerals sold from a mine.
Ownership types Surface rights owners own the surface and substances such as sand and gravel, but not the minerals. The company or individual who owns the mineral rights owns all mineral substances found on and under the property. There are often different surface and mineral owners on the same land.
Idaho leads in the production of pumice/pumicite; is a major producer of garnet, feldspar, lead, molybdenum, perlite, phosphate, silver, zeolites, and zinc; and also produces aggregates, cement, copper, dimension stone, lime, and gemstones.
In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.
As used in section 47-701, Idaho Code, the term "salable minerals," means a mineral substance that can be taken from the earth and that has a value in and of itself separate and apart from the earth and includes, but is not limited to, building stone, cinders, pumice, scoria, clay, diatomaceous earth, sand, gravel, ...
