-Caveat Lector-
Below is a website containing an article about the legal aspects of the
wildlife refuge legislation. Basically, the statute sets the framework for
what the government is allowed to do. The statute can be amended by new
legislation, which is subject to interpretation by the courts. However,
each transaction whereby land is acquired is a separate one, and what is
owned--whether minerals or other rights--is determined by the legal
documents pertinent to that piece of land. You must examine the deed as
recorded in the county where the land is located. If the land was acquired
by condemnation (eminent domain), then these details are set out in the
lawsuit on file in the applicable court.
http://www.lib.ttu.edu/playa/rights/r994-02.htm
Copyright (c) 1994 by the President and Fellows of Harvard College
The Harvard Environmental Law Review
ARTICLE: THE NATIONAL WILDLIFE REFUGES: THEORY, PRACTICE, AND PROSPECT
RICHARD J. FINK *
...Congress passed the principal statutes governing the NWRS in the early
and mid-1960s, but, unlike the statutes governing other [*8] federal lands
systems, has not revised them since the emergence of the modern
environmental movement. On an administrative level, dedicated professionals
in the FWS directly manage the refuges and they have taken the initiative to
involve both experts and the public in planning for the refuge system. Part
IV argues that in practice the agency suffers from inadequate funding,
changes of direction under new administrations, and political interference.
Extensive non-wildlife economic and public uses of the refuges adversely
affect the NWRS. Often, the FWS does not have the legal authority to take
steps necessary to protect wildlife. As a result, the effectiveness of the
refuge system in achieving its goals has been compromised.
...n69 In Swan Lake Hunting Club v. United States, 381 F.2d 238 (5th Cir.
1967), a federal appellate court held that the Act's authority to "purchase
or rent " lands included acquisition by condemnation. The Supreme Court has
stated that acquisitions under the Act arise from and depend upon a federal
regulatory program, and therefore it declined to follow the customary
approach of following state law in transactions to which the United States
is a party. See United States v. Little Lake Misere Land Co., 412 U.S. 580
(1972).
-----Original Message-----
From: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
Date: Saturday, May 19, 2001 8:22 AM
Subject: [CTRL] Oil Drilling in the National Wildlife Refuge - Who Owns the
Mineral Rights?
>-Caveat Lector-
>
>Who owns the land in the National Wildlife Refuge? More specifically, who
>owns the mineral rights (royalties) on the land? Whoever this person (or
>corporation (or government)) is stands to make tons of money when oil is
>produced. Any knowledge on this? Keep in mind that it's possible for one
>person to own the land, while another person owns the stuff that's
>underneath, like natural gas, oil and whatnot. The government might own
the
>land, but an individual or corporation might own the rights to the minerals
>underneath.
>
>Damaeus
>
><A HREF="http://www.ctrl.org/">www.ctrl.org</A>
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DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance�not soap-boxing�please! These are
sordid matters and 'conspiracy theory'�with its many half-truths, mis-
directions and outright frauds�is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
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Let us please be civil and as always, Caveat Lector.
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