Gated waters.......Lets Talk

[ShadMan]

Originally Posted by "W"

He took it to court and won.... they had to back pay him 3 acres of mineral rights for the road that went over his land......

I doubt this is correct. They probably had to buy the actual land rights from him to drive on, not the mineral rights. You are allowed to drive on private land to get to landlocked areas (right of way), but you have to use the least amount of encroachment as possible, meaning drive on the very edge of the property, etc. You can't drive down the center of someone's property, unless it is the only way to get to your land. This is probably the reason the state had to purchase the land they were driving on...they were likely not driving on the "right of way".

["W"]

Originally Posted by ShadMan

I doubt this is correct. They probably had to buy the actual land rights from him to drive on, not the mineral rights. You are allowed to drive on private land to get to landlocked areas (right of way), but you have to use the least amount of encroachment as possible, meaning drive on the very edge of the property, etc. You can't drive down the center of someone's property, unless it is the only way to get to your land. This is probably the reason the state had to purchase the land they were driving on...they were likely not driving on the "right of way".

This was a public road.... It was a dead ended road and he owned the property on both sides.......When he looked at the land survey he was 3 or 4 acres short on his mineral rights agreement....His lawyer stated that the State claimed the public road mineral rights. He took that to court and the courts said the State Did not own the mineral rights under the road, it was his.....Then they paid him back pay